AN ACT relating to
health; requiring under certain circumstances that an allegedly mentally ill
person be admitted to a medical facility other than a hospital before his
emergency admission to a mental health facility; requiring the Division of
Mental Health and Developmental Services of the Department of Human Resources
to adopt regulations prescribing the appropriate type of medical facility;
authorizing peace officers to deliver certain persons found in any public place
under the influence of a controlled substance to certain facilities for
observation and care; providing for the medical treatment of certain persons
who are under the influence of a controlled substance who are arrested or taken
into custody by a peace officer; and providing other matters properly relating
thereto.

[Approved:
May 28, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 433A.165 is hereby amended to
read as follows:

433A.165 1. Before an allegedly mentally ill person
may be transported to a public or private mental health facility pursuant to
NRS 433A.160, he must:

(a) First be examined by a licensed physician or
physician assistant or an advanced practitioner of nursing to determine whether
the person has a medical problem, other than a psychiatric problem, which
requires immediate treatment; and

(b) If such treatment is required, the person must be admitted [to]for the appropriate medical care:

(1)
To a hospital [for the appropriate medical care.] if the person is in need of emergency
services or care; or

(2)
To another appropriate medical facility if the person is not in need of
emergency services or care.

2. The cost of the examination must be paid by the
county in which the allegedly mentally ill person resides if services are
provided at a county hospital located in that county or a hospital or other medical facility designated
by that county, unless the cost is voluntarily paid by the allegedly mentally
ill person or on his behalf, by his insurer or by a state or federal program of
medical assistance.

3. The county may recover all or any part of the
expenses paid by it, in a civil action against:

(a) The person whose expenses were paid;

(b) The estate of that person; or

(c) A responsible relative as prescribed in NRS
433A.610, to the extent that financial ability is found to exist.

4. The cost of treatment, including hospitalization,
for an indigent must be paid pursuant to NRS 428.010 by the county in which the
allegedly mentally ill person resides.

5. The
Division shall adopt regulations to carry out the provisions of this section,
including, without limitation, regulations that:

(a) Define
emergency services or care as that term is used in this section; and

(b) Prescribe
the type of medical facility that a person may be admitted to pursuant to
subparagraph (2) of paragraph (b) of subsection 1.

6. As used in
this section, medical facility has the meaning ascribed to it in NRS
449.0151.

Sec. 2. Chapter 458 of NRS is hereby amended
by adding thereto a new section to read as follows:

1. If a peace
officer arrests or takes into custody a person who is found in any public place
unlawfully under the influence of a controlled substance and in such a
condition that he is unable to exercise care for his health or safety or the
health or safety of other persons, the peace officer may deliver the person to
a licensed facility for the treatment of persons who abuse controlled
substances or other appropriate facility for observation and care.

2. A
person who is unlawfully under the influence of a controlled substance who is
arrested or taken into custody by a peace officer must immediately be taken to
a secure detoxification unit or other appropriate medical facility if his
condition appears to require emergency medical treatment. Upon release from the
detoxification unit or medical facility, the person must immediately be
remanded to the custody of the apprehending peace officer and the criminal
proceedings proceed as prescribed by law.

3. Every
peace officer and other public employee or agency acting pursuant to this
section is performing a discretionary function or duty.

4. As used in
this section, secure detoxification unit includes, without limitation, a
detoxification unit in which the staff of the detoxification unit ensures the
security of the detoxification unit.

Sec. 3. NRS 458.010 is hereby amended to read
as follows:

458.010 As used in NRS 458.010 to 458.350, inclusive, and section 2 of this act, unless
the context requires otherwise:

3. Alcohol and drug abuser means a person whose
consumption of alcohol or other drugs, or any combination thereof, interferes
with or adversely affects his ability to function socially or economically.

4. Alcoholic means any person who habitually uses
alcoholic beverages to the extent that he endangers the health, safety or
welfare of himself or any other person or group of persons.

5. Board means the State Board of Health.

6. Civil protective custody means a custodial
placement of a person to protect his health or safety. Civil protective custody
does not have any criminal implication.

7. Detoxification technician means a person who is
certified by the Health Division to provide screening for the safe withdrawal
from alcohol and other drugs.

8. Facility means a physical structure used for the
education, prevention and treatment, including mental and physical restoration,
of alcohol and drug abusers.

9. Health Division means the Health Division of the
Department of Human Resources.

Sec. 4. NRS 458.031 is hereby amended to read
as follows:

458.031 The Health Division shall administer the
provisions of NRS 458.010 to 458.350, inclusive, and section 2 of this act as the sole agency
of the State of Nevada for that purpose.

Sec. 5. NRS 458.055 is hereby amended to read
as follows:

458.055 1. To preserve the confidentiality of any
information concerning persons applying for or receiving any services pursuant
to NRS 458.010 to 458.350, inclusive, and section 2 of this act the Health Division
may establish and enforce rules governing the confidential nature, custody, use
and preservation of the records, files and communications filed with the Health
Division.

2. Wherever information concerning persons applying
for and receiving any services pursuant to NRS 458.010 to 458.350, inclusive, and section 2 of this act is
furnished to or held by any other government agency or a public or private
institution, the use of that information by the agency or institution is
subject to the rules established by the Health Division pursuant to subsection
1.

3. Except as otherwise provided in NRS 442.300 to
442.330, inclusive, and 449.705 and chapter 629 of NRS and except for purposes
directly connected with the administration of NRS 458.010 to 458.350,
inclusive, and section 2 of this
act a person shall not disclose, use or authorize the disclosure
of any confidential information concerning a person receiving services pursuant
to NRS 458.010 to 458.350, inclusive[.] , and section 2 of this act.

Sec. 6. NRS 458.097 is hereby amended to read
as follows:

458.097 1.
Money received by the Health Division pursuant to NRS 369.174
must be used to increase services for the prevention of alcohol and drug abuse and
alcoholism and for the detoxification and rehabilitation of alcohol and drug abusers.
In allocating the money for the increase of services, the Health Division shall
give priority to:

[1.] (a) The areas where there exists a shortage
of services for the treatment of alcoholism and alcohol abuse. The Health
Division shall determine the areas of shortage on the basis of data available
from state and local agencies, data contained in the comprehensive state plan
for alcohol and drug abuse programs, and other appropriate data.

[2.] (b) The needs of counties to provide [civil]:

(1)
Civil protective custody, pursuant to NRS 458.270, for persons
who are found in public places while under the influence of alcohol[.] ; and

(2)
Secure detoxification units or other appropriate facilities for persons who are
arrested or taken into custody while under the influence of a controlled
substance.

[3.](c) Alcohol and drug abuse programs that are
primarily directed toward the prevention of such abuse.

2. As
used in this section, secure detoxification unit has the meaning ascribed to
it in section 2 of this act.

458.115 Money to carry out the provisions of NRS
458.010 to 458.350, inclusive, and
section 2 of this act must be provided by direct legislative
appropriation from the State General Fund and paid out on claims as other
claims against the State are paid. All claims must be approved by the
Administrator before they are paid.

Sec. 8. This bill becomes effective upon passage and
approval.

________

CHAPTER 284, AB 156

Assembly Bill No. 156Committee on Judiciary

CHAPTER 284

AN ACT relating to
criminal procedure; abolishing the plea of guilty but mentally ill; reinstating
exculpation by reason of insanity; requiring persons who provide reports or
evaluations to the court concerning the competency of a defendant to stand
trial or receive pronouncement of judgment to be certified by the Division of
Mental Health and Developmental Services of the Department of Human Resources;
requiring the Division to adopt regulations concerning the certification of
such persons; providing a procedure for committing a person to a mental health
facility who is acquitted by reason of insanity; and providing other matters
properly relating thereto.

[Approved: May 28, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 169.195 is hereby amended to
read as follows:

169.195 1. Trial means that portion of a criminal
action which:

(a) If a jury is used, begins with the impaneling of
the jury and ends with the return of the verdict, both inclusive.

(b) If no jury is used, begins with the opening
statement, or if there is no opening statement, when the first witness is
sworn, and ends with the closing argument or upon submission of the cause to
the court without argument, both inclusive.

2. Trial does not include any proceeding had upon a
plea of guilty [or guilty but mentally ill] to determine
the degree of guilt or to fix the punishment.

Sec. 2. NRS 173.035 is hereby amended to read
as follows:

173.035 1. An information may be filed against any
person for any offense when the person:

(a) Has had a preliminary examination as provided by
law before a justice of the peace, or other examining officer or magistrate,
and has been bound over to appear at the court having jurisdiction; or

(b) Has waived his right to a preliminary examination.

2. If, however, upon the preliminary examination the
accused has been discharged, or the affidavit or complaint upon which the
examination has been held has not been delivered to the clerk of the proper
court, the Attorney General when acting pursuant to a specific statute or the
district attorney may, upon affidavit of any person who has knowledge of the commission of an offense, and who is a competent witness to
testify in the case, setting forth the offense and the name of the person or
persons charged with the commission thereof, upon being furnished with the
names of the witnesses for the prosecution, by leave of the court first had,
file an information, and process must forthwith be issued thereon.

commission of an offense, and who is a competent witness to
testify in the case, setting forth the offense and the name of the person or persons
charged with the commission thereof, upon being furnished with the names of the
witnesses for the prosecution, by leave of the court first had, file an
information, and process must forthwith be issued thereon. The affidavit need
not be filed in cases where the defendant has waived a preliminary examination,
or upon a preliminary examination has been bound over to appear at the court
having jurisdiction.

3. The information must be filed within 15 days after
the holding or waiver of the preliminary examination. Each information must set
forth the crime committed according to the facts.

4. If, with the consent of the prosecuting attorney, a
defendant waives his right to a preliminary examination in accordance with an
agreement by the defendant to plead guilty[, guilty but mentally ill]
or nolo contendere to a lesser charge or at least one but not all, of the
initial charges, the information filed against the defendant pursuant to this
section may contain only the offense or offenses to which the defendant has
agreed to enter a plea of guilty[,
guilty but mentally ill] or nolo contendere. If, for any
reason, the agreement is rejected by the district court or withdrawn by the
defendant, the prosecuting attorney may file an amended information charging
all of the offenses which were in the criminal complaint upon which the
preliminary examination was waived. The defendant must then be arraigned in
accordance with the amended information.

Sec. 3. NRS 173.125 is hereby amended to read
as follows:

173.125 The prosecution is not required to elect
between the different offenses or counts set forth in the indictment or
information , and a
plea of guilty [or guilty but mentally ill] to one or
more offenses charged in the indictment or information does not preclude
prosecution for the other offenses.

Sec. 4. NRS 174.035 is hereby amended to read
as follows:

174.035 1. A defendant may plead not guilty, guilty[, guilty but mentally ill]
or, with the consent of the court, nolo contendere. The court may refuse to
accept a plea of guilty .[or guilty but mentally ill.]

2. If a plea of guilty is made in a written plea
agreement, the agreement must be in substantially the form prescribed in NRS
174.063. If a plea of guilty [or guilty but mentally ill] is made
orally, the court shall not accept such a plea or a plea of nolo contendere
without first addressing the defendant personally and determining that the plea
is made voluntarily with understanding of the nature of the charge and
consequences of the plea. [In addition, the court shall not accept a plea of guilty but
mentally ill without complying with the provisions of NRS 174.041.]

3. With the consent of the court and the district
attorney, a defendant may enter a conditional plea of guilty[, guilty but mentally ill]
or nolo contendere, reserving in writing the right, on appeal from the
judgment, to a review of the adverse determination of any specified pretrial
motion. A defendant who prevails on appeal must be allowed to withdraw the
plea.

4. [A plea of guilty but mentally ill is not a defense to the
alleged offense. A defendant who enters such a plea is subject to the same penalties
as a defendant who pleads guilty.] The defendant may, in the alternative or in addition to any
one of the pleas permitted by subsection 1, plead not guilty by reason of
insanity. A plea of not guilty by reason of insanity must be entered not less
than 21 days before the date set for trial. A defendant who has not so pleaded may offer the defense of insanity during
trial upon good cause shown.

who has not so
pleaded may offer the defense of insanity during trial upon good cause shown.
Under such a plea or defense, the burden of proof is upon the defendant to
establish his insanity by a preponderance of the evidence.

5. If a defendant refuses to plead[,] or if the court refuses
to accept a plea of guilty [or guilty but mentally ill] or if a
defendant corporation fails to appear, the court shall enter a plea of not
guilty.

6. A defendant may not enter a plea of guilty [or
guilty but mentally ill] pursuant to a plea bargain for an
offense punishable as a felony for which:

(a) Probation is not allowed; or

(b) The maximum prison sentence is more than 10 years,

unless the plea bargain is set forth in writing and signed by
the defendant, the defendants attorney, if he is represented by counsel, and
the prosecuting attorney.

Sec. 5. NRS 174.055 is hereby amended to read
as follows:

174.055 In the justices court, if the defendant
pleads guilty ,[or
guilty but mentally ill,] the court may, before entering
such a plea or pronouncing judgment, examine witnesses to ascertain the gravity
of the offense committed. If it appears to the court that a higher offense has
been committed than the offense charged in the complaint, the court may order
the defendant to be committed or admitted to bail[,]or to answer any
indictment that may be found against him or any information which may be filed
by the district attorney.

Sec. 6. NRS 174.061 is hereby amended to read
as follows:

174.061 1. If a prosecuting attorney enters into an
agreement with a defendant in which the defendant agrees to testify against
another defendant in exchange for a plea of guilty[, guilty but mentally ill]
or nolo contendere to a lesser charge or for a recommendation of a reduced
sentence, the agreement:

(a) Is void if the defendants testimony is false.

(b) Must be in writing and include a statement that the
agreement is void if the defendants testimony is false.

2. A prosecuting attorney shall not enter into an
agreement with a defendant which:

(a) Limits the testimony of the defendant to a
predetermined formula.

(b) Is contingent on the testimony of the defendant
contributing to a specified conclusion.

Sec. 7. NRS 174.065 is hereby amended to read
as follows:

174.065 Except as otherwise provided in NRS 174.061:

1. On a plea of guilty [or guilty but mentally
ill] to an information or indictment accusing a defendant
of a crime divided into degrees, when consented to by the prosecuting attorney
in open court and approved by the court, the plea may specify the degree, and
in such event the defendant shall not be punished for a higher degree than that
specified in the plea.

2. On a plea of guilty [or guilty but mentally
ill] to an indictment or information for murder of the
first degree, when consented to by the prosecuting attorney in open court and
approved by the court, the plea may specify a punishment less than death. The
specified punishment, or any lesser punishment, may be imposed by a single
judge.

174.075 1. Pleadings in criminal proceedings are the
indictment, the information and, in justices court, the complaint, and the
pleas of guilty, [guilty but mentally ill,] not guilty and
nolo contendere.

2. All other pleas, and demurrers and motions to quash
are abolished, and defenses and objections raised before trial which could have
been raised by one or more of them may be raised only by motion to dismiss or
to grant appropriate relief, as provided in this title.

Sec. 9. Chapter 175 of NRS is hereby amended
by adding thereto a new section to read as follows:

1. Where on a
trial a defense of insanity is interposed by the defendant and he is acquitted
by reason of that defense, the finding of the jury pending the judicial
determination pursuant to subsection 2 has the same effect as if he were
regularly adjudged insane, and the judge must:

(a) Order a
peace officer to take the person into protective custody and transport him to a
forensic facility for detention pending a hearing to determine his mental
health;

(b) Order the
examination of the person by two psychiatrists, two psychologists, or one
psychiatrist and one psychologist who are employed by a division facility; and

(c) At a
hearing in open court, receive the report of the examining advisers and allow
counsel for the State and for the person to examine the advisers, introduce
other evidence and cross-examine witnesses.

2. If the
court finds, after the hearing:

(a) That there
is not clear and convincing evidence that the person is a mentally ill person,
the court must order his discharge; or

(b) That there
is clear and convincing evidence that the person is a mentally ill person, the
court must order that he be committed to the custody of the Administrator of
the Division of Mental Health and Developmental Services of the Department of
Human Resources until he is regularly discharged therefrom in accordance with
law.

The court shall issue
its finding within 90 days after the defendant is acquitted.

3. The
Administrator shall make the same reports and the court shall proceed in the
same manner in the case of a person committed to the custody of the Division of
Mental Health and Developmental Services pursuant to this section as of a
person committed because he is incompetent to stand trial pursuant to NRS
178.400 to 178.460, inclusive, and section 23.5 of this act, except that the
determination to be made by the Administrator and the district judge on the
question of release is whether the person has recovered from his mental illness
or has improved to such an extent that he is no longer a mentally ill person.

4. As used in this section, unless the context
otherwise requires:

(a) Division facility has the meaning ascribed to it
in NRS 433.094.

(b) Forensic facility means a secure facility of the
Division of Mental Health and Developmental Services of the Department of Human
Resources for mentally disordered offenders and defendants. The term includes,
without limitation, Lakes Crossing Center.

(c) Mentally
ill person has the meaning ascribed to it in NRS 433A.115.

175.282 If a prosecuting attorney enters into an
agreement with a defendant in which the defendant agrees to testify against
another defendant in exchange for a plea of guilty[, guilty but mentally ill]
or nolo contendere to a lesser charge or for a recommendation of a reduced
sentence , the court
shall:

1. After excising any portion it deems irrelevant or
prejudicial, permit the jury to inspect the agreement;

2. If the defendant who is testifying has not entered
his plea or been sentenced pursuant to the agreement, instruct the jury
regarding the possible related pressures on the defendant by providing the jury
with an appropriate cautionary instruction; and

3. Allow the defense counsel to cross-examine fully
the defendant who is testifying concerning the agreement.

Sec. 11. NRS 175.552 is hereby amended to
read as follows:

175.552 1. Except as otherwise provided in subsection
2, in every case in which there is a finding that a defendant is guilty of
murder of the first degree, whether or not the death penalty is sought, the
court shall conduct a separate penalty hearing. The separate penalty hearing
must be conducted as follows:

(a) If the finding is made by a jury, the separate
penalty hearing must be conducted in the trial court before the trial jury, as
soon as practicable.

(b) If the finding is made upon a plea of guilty [or
guilty but mentally ill] or a trial without a jury and the
death penalty is sought, the separate penalty hearing must be conducted before
a panel of three district judges, as soon as practicable.

(c) If the finding is made upon a plea of guilty [or
guilty but mentally ill] or a trial without a jury and the
death penalty is not sought, the separate penalty hearing must be conducted
before the judge who conducted the trial or who accepted the plea[,]of guilty, as soon as
practicable.

2. In a case in which the death penalty is not sought,
the parties may by stipulation waive the separate penalty hearing required in
subsection 1. When stipulating to such a waiver, the parties may also include
an agreement to have the sentence, if any, imposed by the trial judge. Any
stipulation pursuant to this subsection must be in writing and signed by the
defendant, his attorney, if any, and the prosecuting attorney.

3. In the hearing, evidence may be presented
concerning aggravating and mitigating circumstances relative to the offense,
defendant or victim and on any other matter which the court deems relevant to
sentence, whether or not the evidence is ordinarily admissible. Evidence may be
offered to refute hearsay matters. No evidence which was secured in violation
of the Constitution of the United States or the Constitution of the State of
Nevada may be introduced. The State may introduce evidence of additional aggravating
circumstances as set forth in NRS 200.033, other than the aggravated nature of
the offense itself, only if it has been disclosed to the defendant before the
commencement of the penalty hearing.

4. In a case in which the death penalty is not sought,
the jury or the trial judge shall determine whether the defendant should be
sentenced to life with the possibility of parole or life without the
possibility of parole.

Sec. 12. NRS 175.558 is hereby amended to
read as follows:

175.558 When any person is convicted of murder of the
first degree upon a plea of guilty [or guilty but mentally
ill,] or a trial without a jury[,]and the death penalty is sought, the Supreme Court shall
appoint two district judges from judicial districts other than the district in
which the plea is made, who shall with the district judge before whom the plea
is made, or his successor in office, conduct the required penalty hearing to
determine the presence of aggravating and mitigating circumstances, and give
sentence accordingly.

and the death penalty is sought, the Supreme Court shall
appoint two district judges from judicial districts other than the district in
which the plea is made, who shall with the district judge before whom the plea
is made, or his successor in office, conduct the required penalty hearing to
determine the presence of aggravating and mitigating circumstances, and give
sentence accordingly. A sentence of death may be given only by unanimous vote
of the three judges, but any other sentence may be given by the vote of a
majority.

Sec. 13. NRS 176.059 is hereby amended to
read as follows:

176.059 1. Except as otherwise provided in subsection
2, when a defendant pleads guilty [or guilty but mentally
ill] or is found guilty of a misdemeanor, including the
violation of any municipal ordinance, the justice or judge shall include in the
sentence the sum prescribed by the following schedule as an administrative
assessment and render a judgment against the defendant for the assessment:

(b) An ordinance which is specifically designated as
imposing a civil penalty or liability pursuant to NRS 244.3575 or 268.019.

3. The money collected for an administrative
assessment must not be deducted from the fine imposed by the justice or judge
but must be taxed against the defendant in addition to the fine. The money
collected for an administrative assessment must be stated separately on the
courts docket and must be included in the amount posted for bail. If the
defendant is found not guilty or the charges are dismissed, the money deposited
with the court must be returned to the defendant. If the justice or judge
cancels a fine because the fine has been determined to be uncollectible, any
balance of the fine and the administrative assessment remaining unpaid shall be
deemed to be uncollectible and the defendant is not required to pay it. If a
fine is determined to be uncollectible, the defendant is not entitled to a
refund of the fine or administrative assessment he has paid and the justice or
judge shall not recalculate the administrative assessment.

4. If the justice or judge permits the fine and
administrative assessment to be paid in installments, the payments must be
first applied to the unpaid balance of the administrative assessment. The city
treasurer shall distribute partially collected administrative assessments in
accordance with the requirements of subsection 5. The county treasurer shall
distribute partially collected administrative assessments
in accordance with the requirements of subsection 6.

collected administrative assessments in accordance with the
requirements of subsection 6.

5. The money collected for administrative assessments
in municipal court must be paid by the clerk of the court to the city treasurer
on or before the fifth day of each month for the preceding month. The city
treasurer shall distribute, on or before the 15th day of that month, the money
received in the following amounts for each assessment received:

(a) Two dollars to the county treasurer for credit to a
special account in the county general fund for the use of the countys juvenile
court or for services to juvenile offenders. Any money remaining in the special
account after 2 fiscal years must be deposited in the county general fund if it
has not been committed for expenditure. The county treasurer shall provide,
upon request by a juvenile court, monthly reports of the revenue credited to
and expenditures made from the special account.

(b) Seven dollars for credit to a special revenue fund
for the use of the municipal courts. Any money remaining in the special revenue
fund after 2 fiscal years must be deposited in the municipal general fund if it
has not been committed for expenditure. The city treasurer shall provide, upon
request by a municipal court, monthly reports of the revenue credited to and
expenditures made from the special revenue fund.

(c) The remainder of each assessment to the State
Controller for credit to a special account in the State General Fund.

6. The money collected for administrative assessments
in justices courts must be paid by the clerk of the court to the county
treasurer on or before the fifth day of each month for the preceding month. The
county treasurer shall distribute, on or before the 15th day of that month, the
money received in the following amounts for each assessment received:

(a) Two dollars for credit to a special account in the
county general fund for the use of the countys juvenile court or for services
to juvenile offenders. Any money remaining in the special account after 2
fiscal years must be deposited in the county general fund if it has not been
committed for expenditure. The county treasurer shall provide, upon request by
a juvenile court, monthly reports of the revenue credited to and expenditures
made from the special account.

(b) Seven dollars for credit to a special revenue fund
for the use of the justices courts. Any money remaining in the special revenue
fund after 2 fiscal years must be deposited in the county general fund if it
has not been committed for expenditure. The county treasurer shall provide,
upon request by a justices court, monthly reports of the revenue credited to
and expenditures made from the special revenue fund.

(c) The remainder of each assessment to the State
Controller for credit to a special account in the State General Fund.

7. The money apportioned to a juvenile court, a
justices court or a municipal court pursuant to this section must be used, in
addition to providing services to juvenile offenders in the juvenile court, to
improve the operations of the court, or to acquire appropriate advanced
technology or the use of such technology, or both. Money used to improve the
operations of the court may include expenditures for:

8. Of the total amount deposited in the State General
Fund pursuant to subsections 5 and 6, the State Controller shall distribute the
money received to the following public agencies in the following manner:

(a) Not less than 51 percent to the Office of the Court
Administrator for allocation as follows:

(1) Eighteen and one-half percent of the amount
distributed to the Office of the Court Administrator for the administration of
the courts.

(2) Nine percent of the amount distributed to
the Office of the Court Administrator for the development of a uniform system
for judicial records.

(3) Nine percent of the amount distributed to
the Office of the Court Administrator for continuing judicial education.

(4) Sixty percent of the amount distributed to
the Office of the Court Administrator for the Supreme Court.

(5) Three and one-half percent of the amount
distributed to the Office of the Court Administrator for the payment for the
services of retired justices and retired district judges.

(b) Not more than 49 percent must be used to the extent
of legislative authorization for the support of:

(1) The Central Repository for Nevada Records of
Criminal History;

(2) The Peace Officers Standards and Training
Commission;

(3) The operation by the Nevada Highway Patrol
of a computerized switching system for information related to law enforcement;

(4) The Fund for the Compensation of Victims of
Crime; and

(5) The Advisory Council for Prosecuting
Attorneys.

9. As used in this section, juvenile court means:

(a) In any judicial district that includes a county
whose population is 100,000 or more, the family division of the district court;
or

(b) In any other judicial district, the juvenile
division of the district court.

Sec. 14. NRS 176.0611 is hereby amended to
read as follows:

176.0611 1. A county or a city, upon recommendation
of the appropriate court, may, by ordinance, authorize the justices or judges
of the justices or municipal courts within its jurisdiction to impose for not
longer than 25 years, in addition to an administrative assessment imposed
pursuant to NRS 176.059, an administrative assessment for the provision of
court facilities.

2. Except as otherwise provided in subsection 3, in
any jurisdiction in which an administrative assessment for the provision of
court facilities has been authorized, when a defendant pleads guilty [or
guilty but mentally ill] or is found guilty of a misdemeanor,
including the violation of any municipal ordinance, the justice or judge shall
include in the sentence the sum of $10 as an administrative assessment for the
provision of court facilities and render a judgment against the defendant for
the assessment.

3. The provisions of subsection 2 do not apply to:

(a) An ordinance regulating metered parking; or

(b) An ordinance that is specifically designated as
imposing a civil penalty or liability pursuant to NRS 244.3575 or 268.019.

4. The money collected for an administrative
assessment for the provision of court facilities must not be deducted from the
fine imposed by the justice or judge but must be taxed against the defendant in
addition to the fine. The money collected for such an administrative assessment
must be stated separately on the courts docket and must be included in the
amount posted for bail. If the defendant is found not guilty or the charges are
dismissed, the money deposited with the court must be
returned to the defendant.

dismissed, the money deposited with the court must be
returned to the defendant. If the justice or judge cancels a fine because the
fine has been determined to be uncollectible, any balance of the fine and the
administrative assessment remaining unpaid shall be deemed to be uncollectible
and the defendant is not required to pay it. If a fine is determined to be
uncollectible, the defendant is not entitled to a refund of the fine or
administrative assessment he has paid and the justice or judge shall not
recalculate the administrative assessment.

5. If the justice or judge permits the fine and
administrative assessment for the provision of court facilities to be paid in
installments, the payments must be applied in the following order:

(a) To pay the unpaid balance of an administrative
assessment imposed pursuant to NRS 176.059;

(b) To pay the unpaid balance of an administrative
assessment for the provision of court facilities pursuant to this section; and

(c) To pay the fine.

6. The money collected for administrative assessments
for the provision of court facilities in municipal courts must be paid by the
clerk of the court to the city treasurer on or before the fifth day of each
month for the preceding month. The city treasurer shall deposit the money
received in a special revenue fund. The city may use the money in the special
revenue fund only to:

(a) Acquire land on which to construct additional
facilities for the municipal courts or a regional justice center that includes
the municipal courts.

(b) Construct or acquire additional facilities for the
municipal courts or a regional justice center that includes the municipal
courts.

(c) Renovate or remodel existing facilities for the
municipal courts.

(d) Acquire furniture, fixtures and equipment
necessitated by the construction or acquisition of additional facilities or the
renovation of an existing facility for the municipal courts or a regional
justice center that includes the municipal courts. This paragraph does not
authorize the expenditure of money from the fund for furniture, fixtures or
equipment for judicial chambers.

(e) Acquire advanced technology for use in the
additional or renovated facilities.

(f) Pay debt service on any bonds issued pursuant to
subsection 3 of NRS 350.020 for the acquisition of land or facilities or the
construction or renovation of facilities for the municipal courts or a regional
justice center that includes the municipal courts.

Any money remaining in the special revenue fund after 5
fiscal years must be deposited in the municipal general fund for the continued
maintenance of court facilities if it has not been committed for expenditure
pursuant to a plan for the construction or acquisition of court facilities or
improvements to court facilities. The city treasurer shall provide, upon
request by a municipal court, monthly reports of the revenue credited to and expenditures
made from the special revenue fund.

7. The money collected for administrative assessments
for the provision of court facilities in justices courts must be paid by the
clerk of the court to the county treasurer on or before the fifth day of each
month for the preceding month. The county treasurer shall deposit the money
received to a special revenue fund.

special revenue fund. The county may use the money in the
special revenue fund only to:

(a) Acquire land on which to construct additional
facilities for the justices courts or a regional justice center that includes
the justices courts.

(b) Construct or acquire additional facilities for the
justices courts or a regional justice center that includes the justices
courts.

(c) Renovate or remodel existing facilities for the
justices courts.

(d) Acquire furniture, fixtures and equipment
necessitated by the construction or acquisition of additional facilities or the
renovation of an existing facility for the justices courts or a regional
justice center that includes the justices courts. This paragraph does not
authorize the expenditure of money from the fund for furniture, fixtures or
equipment for judicial chambers.

(e) Acquire advanced technology for use in the
additional or renovated facilities.

(f) Pay debt service on any bonds issued pursuant to
subsection 3 of NRS 350.020 for the acquisition of land or facilities or the
construction or renovation of facilities for the justices courts or a regional
justice center that includes the justices courts.

Any money remaining in the special revenue fund after 5
fiscal years must be deposited in the county general fund for the continued
maintenance of court facilities if it has not been committed for expenditure
pursuant to a plan for the construction or acquisition of court facilities or
improvements to court facilities. The county treasurer shall provide, upon
request by a justices court, monthly reports of the revenue credited to and
expenditures made from the special revenue fund.

8. If money collected pursuant to this section is to
be used to acquire land on which to construct a regional justice center, to
construct a regional justice center or to pay debt service on bonds issued for
these purposes, the county and the participating cities shall, by interlocal
agreement, determine such issues as the size of the regional justice center,
the manner in which the center will be used and the apportionment of fiscal
responsibility for the center.

Sec. 15. NRS 176.062 is hereby amended to
read as follows:

176.062 1. When a defendant pleads guilty [or
guilty but mentally ill] or is found guilty of a felony or
gross misdemeanor, the judge shall include in the sentence the sum of $25 as an
administrative assessment and render a judgment against the defendant for the
assessment.

2. The money collected for an administrative
assessment:

(a) Must not be deducted from any fine imposed by the
judge;

(b) Must be taxed against the defendant in addition to
the fine; and

(c) Must be stated separately on the courts docket.

3. The money collected for administrative assessments
in district courts must be paid by the clerk of the court to the county
treasurer on or before the fifth day of each month for the preceding month. The
county treasurer shall distribute, on or before the 15th day of that month, the
money received in the following amounts for each assessment received:

(a) Five dollars for credit to a special account in the
county general fund for the use of the district court.

(b) The remainder of each assessment to the State
Controller.

4. The State Controller shall credit the money
received pursuant to subsection 3 to a special account for the assistance of
criminal justice in the State General Fund, and
distribute the money from the account to the Attorney General as authorized by
the Legislature.

State General Fund, and distribute the money from the account
to the Attorney General as authorized by the Legislature. Any amount received
in excess of the amount authorized by the Legislature for distribution must
remain in the account.

Sec. 16. NRS 176.135 is hereby amended to
read as follows:

176.135 1. Except as otherwise provided in this
section and NRS 176.151, the Division shall make a presentence investigation
and report to the court on each defendant who pleads guilty[, guilty but mentally ill]
or nolo contendere to or is found guilty of a felony.

2. If a defendant is convicted of a felony that is a
sexual offense, the presentence investigation and report:

(a) Must be made before the imposition of sentence or
the granting of probation; and

(b) If the sexual offense is an offense for which the
suspension of sentence or the granting of probation is permitted, must include
a psychosexual evaluation of the defendant.

3. If a defendant is convicted of a felony other than
a sexual offense, the presentence investigation and report must be made before
the imposition of sentence or the granting of probation unless:

(a) A sentence is fixed by a jury; or

(b) Such an investigation and report on the defendant
has been made by the Division within the 5 years immediately preceding the date
initially set for sentencing on the most recent offense.

4. Upon request of the court, the Division shall make
presentence investigations and reports on defendants who plead guilty[, guilty but mentally ill]
or nolo contendere to or are found guilty of gross misdemeanors.

Sec. 17. NRS 176.151 is hereby amended to
read as follows:

176.151 1. If a defendant pleads guilty[, guilty but mentally ill]
or nolo contendere to or is found guilty of one or more category E felonies,
but no other felonies, the Division shall not make a presentence investigation
and report on the defendant pursuant to NRS 176.135, unless the Division has
not made a presentence investigation and report on the defendant pursuant to
NRS 176.135 within the 5 years immediately preceding the date initially set for
sentencing on the category E felony or felonies and:

(a) The court requests a presentence investigation and
report; or

(b) The prosecuting attorney possesses evidence that
would support a decision by the court to deny probation to the defendant
pursuant to paragraph (b) of subsection 1 of NRS 176A.100.

2. If the Division does not make a presentence
investigation and report on a defendant pursuant to subsection 1, the Division
shall, not later than 45 days after the date on which the defendant is
sentenced, make a general investigation and report on the defendant that
contains:

(a) Any prior criminal record of the defendant;

(b) Information concerning the characteristics of the
defendant, the circumstances affecting his behavior and the circumstances of
his offense that may be helpful to persons responsible for the supervision or correctional
treatment of the defendant;

(c) Information concerning the effect that the offense
committed by the defendant has had upon the victim, including, without
limitation, any physical or psychological harm or financial loss suffered by
the victim, to the extent that such information is available from the victim or
other sources, but the provisions of this paragraph do
not require any particular examination or testing of the victim, and the extent
of any investigation or examination and the extent of the information included
in the report is solely at the discretion of the Division;

the provisions of this paragraph do not require any
particular examination or testing of the victim, and the extent of any
investigation or examination and the extent of the information included in the
report is solely at the discretion of the Division;

(d) Data or information concerning reports and
investigations thereof made pursuant to chapter 432B of NRS that relate to the
defendant and are made available pursuant to NRS 432B.290; and

(e) Any other information that the Division believes
may be helpful to persons responsible for the supervision or correctional
treatment of the defendant.

Sec. 18. NRS 176.165 is hereby amended to
read as follows:

176.165 Except as otherwise provided in this section,
a motion to withdraw a plea of guilty[, guilty but mentally ill]
or nolo contendere may be made only before sentence is imposed or imposition of
sentence is suspended. To correct manifest injustice, the court after sentence
may set aside the judgment of conviction and permit the defendant to withdraw
his plea.

Sec. 19. NRS 176A.255 is hereby amended to
read as follows:

176A.255 1. A justices court or a municipal court
may, upon approval of the district court, transfer original jurisdiction to the
district court of a case involving an eligible defendant.

2. As used in this section, eligible defendant means
a person who:

(a) Has not tendered a plea of guilty[, guilty but mentally ill]
or nolo contendere to, or been found guilty of, an offense that is a
misdemeanor;

(b) Appears to suffer from mental illness; and

(c) Would benefit from assignment to a program
established pursuant to NRS 176A.250.

Sec. 20. NRS 176A.260 is hereby amended to
read as follows:

176A.260 1. Except as otherwise provided in
subsection 2, if a defendant who suffers from mental illness tenders a plea of
guilty[,
guilty but mentally ill] or nolo contendere to, or is
found guilty of, any offense for which the suspension of sentence or the
granting of probation is not prohibited by statute, the court may, without
entering a judgment of conviction and with the consent of the defendant,
suspend further proceedings and place the defendant on probation upon terms and
conditions that must include attendance and successful completion of a program
established pursuant to NRS 176A.250.

2. If the offense committed by the defendant involved
the use or threatened use of force or violence or if the defendant was
previously convicted in this state or in any other jurisdiction of a felony
that involved the use or threatened use of force or violence, the court may not
assign the defendant to the program unless the prosecuting attorney stipulates
to the assignment.

3. Upon violation of a term or condition:

(a) The court may enter a judgment of conviction and
proceed as provided in the section pursuant to which the defendant was charged.

(b) Notwithstanding the provisions of paragraph (e) of
subsection 2 of NRS 193.130, the court may order the defendant to the custody
of the Department of Corrections if the offense is punishable by imprisonment
in the state prison.

4. Upon fulfillment of the terms and conditions, the
court shall discharge the defendant and dismiss the proceedings against him.
Discharge and dismissal pursuant to this section is
without adjudication of guilt and is not a conviction for purposes of this
section or for purposes of employment, civil rights or any statute or
regulation or license or questionnaire or for any other public or private
purpose, but is a conviction for the purpose of additional penalties imposed
for second or subsequent convictions or the setting of bail.

and dismissal pursuant to this section is without
adjudication of guilt and is not a conviction for purposes of this section or
for purposes of employment, civil rights or any statute or regulation or
license or questionnaire or for any other public or private purpose, but is a
conviction for the purpose of additional penalties imposed for second or
subsequent convictions or the setting of bail. Discharge and dismissal restores
the defendant, in the contemplation of the law, to the status occupied before
the arrest, indictment or information. The defendant may not be held thereafter
under any law to be guilty of perjury or otherwise giving a false statement by
reason of failure to recite or acknowledge that arrest, indictment, information
or trial in response to an inquiry made of him for any purpose.

Sec. 21. NRS 177.015 is hereby amended to
read as follows:

177.015 The party aggrieved in a criminal action may
appeal only as follows:

1. Whether that party is the State or the defendant:

(a) To the district court of the county from a final
judgment of the justices court.

(b) To the Supreme Court from an order of the district
court granting a motion to dismiss, a motion for acquittal or a motion in
arrest of judgment, or granting or refusing a new trial.

2. The State may, upon good cause shown, appeal to the
Supreme Court from a pretrial order of the district court granting or denying a
motion to suppress evidence made pursuant to NRS 174.125. Notice of the appeal
must be filed with the clerk of the district court within 2 judicial days and
with the Clerk of the Supreme Court within 5 judicial days after the ruling by
the district court. The clerk of the district court shall notify counsel for
the defendant or, in the case of a defendant without counsel, the defendant
within 2 judicial days after the filing of the notice of appeal. The Supreme
Court may establish such procedures as it determines proper in requiring the
appellant to make a preliminary showing of the propriety of the appeal and
whether there may be a miscarriage of justice if the appeal is not entertained.
If the Supreme Court entertains the appeal, or if it otherwise appears
necessary, it may enter an order staying the trial for such time as may be
required.

3. The defendant only may appeal from a final judgment
or verdict in a criminal case.

4. Except as otherwise provided in subsection 3 of NRS
174.035, the defendant in a criminal case shall not appeal a final judgment or
verdict resulting from a plea of guilty[, guilty but mentally ill]
or nolo contendere that the defendant entered into voluntarily and with a full
understanding of the nature of the charge and the consequences of the plea,
unless the appeal is based upon reasonable constitutional, jurisdictional or
other grounds that challenge the legality of the proceedings. The Supreme Court
may establish procedures to require the defendant to make a preliminary showing
of the propriety of the appeal.

Sec. 22. NRS 177.055 is hereby amended to
read as follows:

177.055 1. When upon a plea of not guilty or not guilty by reason of insanity a
judgment of death is entered, an appeal is deemed automatically taken by the
defendant without any action by him or his counsel, unless the defendant or his
counsel affirmatively waives the appeal within 30 days after the rendition of
the judgment.

2. Whether or not the defendant or his counsel
affirmatively waives the appeal, the sentence must be reviewed on the record by
the Supreme Court, which shall consider, in a single proceeding if an appeal is
taken:

(a) Any errors enumerated by way of appeal;

(b) Whether the evidence supports the finding of an
aggravating circumstance or circumstances;

(c) Whether the sentence of death was imposed under the
influence of passion, prejudice or any arbitrary factor; and

(d) Whether the sentence of death is excessive,
considering both the crime and the defendant.

3. The Supreme Court, when reviewing a death sentence,
may:

(a) Affirm the sentence of death;

(b) Set the sentence aside and remand the case for a
new penalty hearing:

(1) If the original penalty hearing was before a
jury, before a newly impaneled jury; or

(2) If the original penalty hearing was before a
panel of judges, before a panel of three district judges which must consist,
insofar as possible, of the members of the original panel; or

(c) Set aside the sentence of death and impose the
sentence of imprisonment for life without possibility of parole.

Sec. 23. NRS 177.075 is hereby amended to
read as follows:

177.075 1. Except where appeal is automatic, an
appeal from a district court to the Supreme Court is taken by filing a notice
of appeal with the clerk of the district court. Bills of exception and
assignments of error in cases governed by this chapter are abolished.

2. When a court imposes sentence upon a defendant who
has not pleaded guilty [or guilty but mentally ill] and who is
without counsel, the court shall advise the defendant of his right to appeal,
and if he so requests, the clerk shall prepare and file forthwith a notice of
appeal on his behalf.

3. A notice of appeal must be signed:

(a) By the appellant or appellants attorney; or

(b) By the clerk if prepared by him.

Sec. 23.5. Chapter 178 of NRS is hereby amended by
adding thereto a new section to read as follows:

1. A person
may not provide a report or an evaluation concerning the competency of a
defendant to stand trial or receive pronouncement of judgment pursuant to this
section and NRS 178.400 to 178.460, inclusive, unless the person is certified
by the Division of Mental Health and Developmental Services of the Department
of Human Resources for that purpose.

(b) Pay any
other expenses incurred by the Division of Mental Health and Developmental
Services in carrying out its duties pursuant to this section.

4. The
Division of Mental Health and Developmental Services shall establish and
administer examinations to determine the eligibility of any person who applies
for certification. An applicant is entitled to certification upon satisfaction
of the requirements of the Division of Mental Health and Developmental
Services. The Division of Mental Health and Developmental Services may enter
into a contract with another person, organization or agency to carry out or
assist in carrying out the provisions of this subsection.

Sec. 24. NRS 178.388 is hereby amended to
read as follows:

178.388 1. Except as otherwise provided in this
title, the defendant must be present at the arraignment, at every stage of the
trial including the impaneling of the jury and the return of the verdict, and
at the imposition of sentence. A corporation may appear by counsel for all
purposes.

2. In prosecutions for offenses not punishable by
death:

(a) The defendants voluntary absence after the trial
has been commenced in his presence must not prevent continuing the trial to and
including the return of the verdict.

(b) If the defendant was present at the trial through
the time he pleads guilty [or guilty but mentally ill] or is found
guilty but at the time of his sentencing is incarcerated in another
jurisdiction, he may waive his right to be present at the sentencing
proceedings and agree to be sentenced in this state in his absence. The
defendants waiver is valid only if it is:

(1) Made knowingly, intelligently and
voluntarily after consulting with an attorney licensed to practice in this
state;

(2) Signed and dated by the defendant and
notarized by a notary public or judicial officer; and

(3) Signed and dated by his attorney after it
has been signed by the defendant and notarized.

3. In prosecutions for offenses punishable by fine or
by imprisonment for not more than 1 year, or both, the court, with the written
consent of the defendant, may permit arraignment, plea, trial and imposition of
sentence in the defendants absence, if the court determines that the defendant
was fully aware of his applicable constitutional rights when he gave his
consent.

4. The presence of the defendant is not required at
the arraignment or any preceding stage if the court has provided for the use of
a closed-circuit television to facilitate communication between the court and
the defendant during the proceeding. If closed-circuit television is provided
for, members of the news media may observe and record the proceeding from both
locations unless the court specifically provides otherwise.

5. The defendants presence is not required at the
settling of jury instructions.

Sec. 24.5. NRS 178.415 is hereby amended to read as
follows:

178.415 1. Except as otherwise provided in this
subsection, the court shall appoint two psychiatrists, two psychologists, or
one psychiatrist and one psychologist, to examine the defendant. If the
defendant is accused of a misdemeanor, the court of jurisdiction shall appoint
a psychiatric social worker, or other person who is especially qualified by the
Division of Mental Health and Developmental Services of the Department of Human
Resources, to examine the defendant.

2. At a hearing in open court, the judge shall receive
the report of the examination and shall permit counsel for both sides to
examine the person or persons appointed to examine the defendant. The
prosecuting attorney and the defendant may introduce other evidence and
cross-examine one anothers witnesses.

3. The court shall then make and enter its finding of
competence or incompetence.

4. The
court shall not appoint a person to provide a report or an evaluation pursuant
to this section, unless the person is certified by the Division of Mental
Health and Developmental Services pursuant to section 23.5 of this act.

Sec. 25. (Deleted by amendment.)

Sec. 25.5. NRS 178.455 is hereby amended to read as
follows:

178.455 1. Except as otherwise provided for persons
charged with or convicted of a misdemeanor, the Administrator of the Division
of Mental Health and Developmental Services of the Department of Human
Resources or his designee shall appoint a licensed psychiatrist and a licensed
psychologist from the treatment team who is certified pursuant to section 23.5 of this act to
evaluate the defendant. The Administrator or his designee shall also appoint a
third evaluator who must be a licensed psychiatrist or psychologist , must be certified pursuant to section
23.5 of this act and must
not be a
member of the treatment team. Upon the completion of the evaluation and
treatment of the defendant, the Administrator or his designee shall report to
the court in writing his specific findings and opinion upon:

(a) Whether the person is of sufficient mentality to
understand the nature of the offense charged;

(b) Whether the person is of sufficient mentality to
aid and assist counsel in the defense of the offense charged, or to show cause
why judgment should not be pronounced; and

(c) If the person is not of sufficient mentality
pursuant to paragraphs (a) and (b) to be placed upon trial or receive
pronouncement of judgment, whether there is a substantial probability that he
will attain competency in the foreseeable future.

2. A copy of the report must be:

(a) Maintained by the Administrator of the Division of
Mental Health and Developmental Services or his designee and incorporated in
the medical record of the person; and

(b) Sent to the office of the district attorney and to
the counsel for the outpatient or person committed.

3. In the case of a person charged with or convicted
of a misdemeanor, the judge shall, upon receipt of the report set forth in NRS
178.450 from the Administrator of the Division of Mental Health and
Developmental Services or his designee:

(a) Send a copy of the report by the Administrator or
his designee to the prosecuting attorney and to the defendants counsel;

(b) Hold a hearing, if one is requested within 10 days
after the report is sent pursuant to paragraph (a), at which the attorneys may
examine the Administrator or his designee or the members of the defendants
treatment team on the determination of the report; and

(c) Within 10 days after the hearing, if any, or 20 days
after the report is sent if no hearing is requested, enter his finding of
competence or incompetence in the manner set forth in subsection 4 of NRS
178.460.

178.460 1. If requested by the district attorney or
counsel for the defendant within 10 days after the report by the Administrator
or his designee is sent to them, the judge shall hold a hearing within 10 days
after the request at which the district attorney and the defense counsel may
examine the members of the treatment team on their report.

2. If the judge orders the appointment of a licensed
psychiatrist or psychologist who is not employed by the Division of Mental
Health and Developmental Services of the Department of Human Resources to
perform an additional evaluation and report concerning the defendant, the cost
of the additional evaluation and report is a charge against the county.

3. Within 10 days after the hearing or 20 days after
the report is sent, if no hearing is requested, the judge shall make and enter
his finding of competence or incompetence, and if he finds the defendant to be
incompetent:

(a) Whether there is substantial probability that the
defendant will attain competency to stand trial or receive pronouncement of
judgment in the foreseeable future; and

(b) Whether the defendant is at that time a danger to
himself or to society.

4. If the judge finds the defendant:

(a) Competent, the judge shall, within 10 days, forward
his finding to the prosecuting attorney and counsel for the defendant. Upon
receipt thereof, the prosecuting attorney shall notify the sheriff of the
county or chief of police of the city that the defendant has been found
competent and prearrange with the facility for the return of the defendant to
that county or city for trial upon the offense there charged or the
pronouncement of judgment, as the case may be.

(b) Incompetent, but there is a substantial probability
that he will attain competency to stand trial or receive pronouncement of
judgment in the foreseeable future and finds that he is dangerous to himself or
to society, the judge shall recommit the defendant.

(c) Incompetent, but there is a substantial probability
that he will attain competency to stand trial or receive pronouncement of
judgment in the foreseeable future and finds that he is not dangerous to
himself or to society, the judge shall order that the defendant remain an
outpatient or be transferred to the status of an outpatient under the
provisions of NRS 178.425.

(d) Incompetent, with no substantial probability of
attaining competency in the foreseeable future, the judge shall order the
defendant released from custody or if the defendant is an outpatient, released
from his obligations as an outpatient if, within 10 days, a petition is not
filed to commit the person pursuant to NRS 433A.200. After the initial 10 days,
the defendant may remain an outpatient or in custody under the provisions of
this chapter only as long as the petition is pending unless the defendant is
involuntarily committed pursuant to chapter 433A of NRS.

5. No person who is committed under the provisions of
this chapter may be held in the custody of the Administrator of the Division of
Mental Health and Developmental Services of the Department of Human Resources
or his designee longer than the longest period of incarceration provided for
the crime or crimes with which he is charged[.]or 10 years, whichever period is
shorter. Upon expiration of the applicable period, the defendant must be
returned to the committing court for a determination as to whether or not
involuntary commitment pursuant to chapter 433A of NRS is required.

179.225 1. If the punishment of the crime is the
confinement of the criminal in prison, the expenses must be paid from money
appropriated to the Office of the Attorney General for that purpose, upon
approval by the State Board of Examiners. After the appropriation is exhausted,
the expenses must be paid from the Reserve for Statutory Contingency Account
upon approval by the State Board of Examiners. In all other cases, they must be
paid out of the county treasury in the county wherein the crime is alleged to
have been committed. The expenses are:

(a) If the prisoner is returned to this state from
another state, the fees paid to the officers of the state on whose governor the
requisition is made;

(b) If the prisoner is returned to this state from a
foreign country or jurisdiction, the fees paid to the officers and agents of
this state or the United States; or

(c) If the prisoner is temporarily returned for
prosecution to this state from another state pursuant to this chapter or
chapter 178 of NRS and is then returned to the sending state upon completion of
the prosecution, the fees paid to the officers and agents of this state,

and the necessary traveling expenses and subsistence
allowances in the amounts authorized by NRS 281.160 incurred in returning the
prisoner.

2. If a person is returned to this state pursuant to
this chapter or chapter 178 of NRS and is convicted of, or pleads guilty[, guilty but mentally ill]
or nolo contendere to the criminal charge for which he was returned or a lesser
criminal charge, the court shall conduct an investigation of the financial
status of the person to determine his ability to make restitution. In
conducting the investigation, the court shall determine if the person is able
to pay any existing obligations for:

(a) Child support;

(b) Restitution to victims of crimes; and

(c) Any administrative assessment required to be paid
pursuant to NRS 62.2175, 176.059 and 176.062.

3. If the court determines that the person is
financially able to pay the obligations described in subsection 2, it shall, in
addition to any other sentence it may impose, order the person to make
restitution for the expenses incurred by the Attorney General or other
governmental entity in returning him to this state. The court shall not order the
person to make restitution if payment of restitution will prevent him from
paying any existing obligations described in subsection 2. Any amount of
restitution remaining unpaid constitutes a civil liability arising upon the
date of the completion of his sentence.

4. The Attorney General may adopt regulations to carry
out the provisions of this section.

Sec. 28. NRS 34.735 is hereby amended to read
as follows:

34.735 A petition must be in substantially the
following form, with appropriate modifications if the petition is filed in the
Supreme Court:

(1) This petition must be legibly handwritten or
typewritten, signed by the petitioner and verified.

(2) Additional pages are not permitted except where
noted or with respect to the facts which you rely upon to support your grounds
for relief. No citation of authorities need be furnished. If briefs or
arguments are submitted, they should be submitted in the form of a separate
memorandum.

(3) If you want an attorney appointed, you must
complete the Affidavit in Support of Request to Proceed in Forma Pauperis. You
must have an authorized officer at the prison complete the certificate as to
the amount of money and securities on deposit to your credit in any account in
the institution.

(4) You must name as respondent the person by whom you
are confined or restrained. If you are in a specific institution of the
Department of Corrections, name the warden or head of the institution. If you
are not in a specific institution of the Department but within its custody,
name the Director of the Department of Corrections.

(5) You must include all grounds or claims for relief
which you may have regarding your conviction or sentence. Failure to raise all
grounds in this petition may preclude you from filing future petitions
challenging your conviction and sentence.

(6) You must allege specific facts supporting the
claims in the petition you file seeking relief from any conviction or sentence.
Failure to allege specific facts rather than just conclusions may cause your
petition to be dismissed. If your petition contains a claim of ineffective
assistance of counsel, that claim will operate to waive the attorney-client
privilege for the proceeding in which you claim your counsel was ineffective.

(7) When the petition is fully completed, the original
and one copy must be filed with the clerk of the state district court for the
county in which you were convicted. One copy must be mailed to the respondent,
one copy to the Attorney Generals Office, and one copy to the district
attorney of the county in which you were convicted or to the original
prosecutor if you are challenging your original conviction or sentence. Copies
must conform in all particulars to the original submitted for filing.

PETITION

1. Name of institution and county in which you are
presently imprisoned or where and how you are presently restrained of your
liberty:

9. If you entered a plea of guilty [or
guilty but mentally ill] to one count of an indictment or
information, and a plea of not guilty to another count of an indictment or
information, or if a plea of guilty [or guilty but mentally
ill] was negotiated, give details:

15. Other than a direct appeal from the judgment of
conviction and sentence, have you previously filed any petitions, applications
or motions with respect to this judgment in any court, state or federal? Yes
........ No ........

16. If your answer to No. 15 was yes, give the
following information:

(a) (1) Name of court: ..........................................................................................

(c) As to any third or subsequent additional
applications or motions, give the same information as above, list them on a
separate sheet and attach.

(d) Did you appeal to the highest state or federal
court having jurisdiction, the result or action taken on any petition,
application or motion?

(1) First petition, application or motion? Yes
........ No ........

Citation or date of decision: ...................................................................

(2) Second petition, application or motion? Yes
........ No .........

Citation or date of decision: ...................................................................

(3) Third or subsequent petitions, applications
or motions? Yes ....... No ........

Citation or date of decision: ...................................................................

(e) If you did not appeal from the adverse action on
any petition, application or motion, explain briefly why you did not. (You must
relate specific facts in response to this question. Your response may be included
on paper which is 8 1/2 by 11 inches attached to the petition. Your response
may not exceed five handwritten or typewritten pages in length.)

17. Has any ground being raised in this petition been
previously presented to this or any other court by way of petition for habeas
corpus, motion, application or any other postconviction proceeding? If so,
identify:

(a) Which of the grounds is the same: ...............................................................

(c) Briefly explain why you are again raising these
grounds. (You must relate specific facts in response to this question. Your
response may be included on paper which is 8 1/2 by 11 inches attached to the
petition. Your response may not exceed five handwritten or typewritten pages in
length.) ......................................................................................

18. If any of the grounds listed in Nos. 23(a), (b),
(c) and (d), or listed on any additional pages you have attached, were not
previously presented in any other court, state or federal, list briefly what
grounds were not so presented, and give your reasons for not presenting them.
(You must relate specific facts in response to this question. Your response may
be included on paper which is 8 1/2 by 11 inches attached
to the petition.

19. Are you filing this petition more than 1 year
following the filing of the judgment of conviction or the filing of a decision
on direct appeal? If so, state briefly the reasons for the delay. (You must
relate specific facts in response to this question. Your response may be
included on paper which is 8 1/2 by 11 inches attached to the petition. Your
response may not exceed five handwritten or typewritten pages in length.) ...........................................................................................................

23. State concisely every ground on which you claim
that you are being held unlawfully. Summarize briefly the facts supporting each
ground. If necessary you may attach pages stating additional grounds and facts
supporting same.

Under penalty of perjury, the undersigned declares that
he is the petitioner named in the foregoing petition and knows the contents
thereof; that the pleading is true of his own knowledge, except as to those
matters stated on information and belief, and as to such matters he believes
them to be true.

.........................................................

Petitioner

.........................................................

Attorney
for petitioner

CERTIFICATE OF SERVICE
BY MAIL

I, ................................, hereby certify
pursuant to N.R.C.P. 5(b), that on this ........ day of the month of ........
of the year ........, I mailed a true and correct copy of the foregoing
PETITION FOR WRIT OF HABEAS CORPUS addressed to:

(a) The petitioners conviction was upon a plea of
guilty [or guilty but mentally ill] and the
petition is not based upon an allegation that the plea was involuntarily or
unknowingly entered or that the plea was entered without effective assistance
of counsel.

(b) The petitioners conviction was the result of a
trial and the grounds for the petition could have been:

(1) Presented to the trial court;

(2) Raised in a direct appeal or a prior
petition for a writ of habeas corpus or postconviction relief; or

(3) Raised in any other proceeding that the
petitioner has taken to secure relief from his conviction and sentence,

unless the court finds both cause for the failure to present
the grounds and actual prejudice to the petitioner.

2. A second or successive petition must be dismissed
if the judge or justice determines that it fails to allege new or different
grounds for relief and that the prior determination was on the merits or, if
new and different grounds are alleged, the judge or justice finds that the
failure of the petitioner to assert those grounds in a prior petition
constituted an abuse of the writ.

3. Pursuant to subsections 1 and 2, the petitioner has
the burden of pleading and proving specific facts that demonstrate:

(a) Good cause for the petitioners failure to present
the claim or for presenting the claim again; and

(b) Actual prejudice to the petitioner.

The petitioner shall include in the petition all prior
proceedings in which he challenged the same conviction or sentence.

4. The court may dismiss a petition that fails to
include any prior proceedings of which the court has knowledge through the
record of the court or through the pleadings submitted by the respondent.

Sec. 30. NRS 41B.070 is hereby amended to read
as follows:

41B.070 Convicted and conviction mean a judgment
based upon:

1. A plea of guilty[, guilty but mentally ill]
or nolo contendere;

2. A finding of guilt by a jury or a court sitting
without a jury;

3. An adjudication of delinquency or finding of guilt
by a court having jurisdiction over juveniles; or

4. Any other admission or finding of guilt in a
criminal action or a proceeding in a court having jurisdiction over juveniles.

Sec. 31. NRS 48.061 is hereby amended to read
as follows:

48.061 Evidence of domestic violence as defined in NRS
33.018 and expert testimony concerning the effect of domestic violence on the
beliefs, behavior and perception of the person alleging the domestic violence
is admissible in chief and in rebuttal, when determining:

1. Whether a person is excepted from criminal
liability pursuant to subsection [6] 7 of NRS 194.010, to show
the state of mind of the defendant.

2. Whether a person in accordance with NRS 200.200 has
killed another in self-defense, toward the establishment of the legal defense.

Sec. 32. NRS 48.125 is hereby amended to read
as follows:

48.125 1. Evidence of a plea of guilty [or
guilty but mentally ill,] , later withdrawn, or of an offer to plead
guilty [or guilty but mentally ill] to the crime
charged or any other crime is not admissible in a criminal proceeding involving
the person who made the plea or offer.

2. Evidence of a plea of nolo contendere or of an
offer to plead nolo contendere to the crime charged or any other crime is not
admissible in a civil or criminal proceeding involving the person who made the
plea or offer.

Sec. 33. NRS 50.068 is hereby amended to read
as follows:

50.068 1. A defendant is not incompetent to be a
witness solely by reason of the fact that he enters into an agreement with the
prosecuting attorney in which he agrees to testify against another defendant in
exchange for a plea of guilty[,
guilty but mentally ill] or nolo contendere to a lesser
charge or for a recommendation of a reduced sentence.

2. The testimony of the defendant who is testifying
may be admitted whether or not he has entered his plea or been sentenced pursuant
to the agreement with the prosecuting attorney.

Sec. 34. NRS 51.295 is hereby amended to read
as follows:

51.295 1. Evidence of a final judgment, entered after
trial or upon a plea of guilty ,[or guilty but mentally ill,] but not
upon a plea of nolo contendere, adjudging a person guilty of a crime punishable
by death or imprisonment in excess of 1 year, is not inadmissible under the
hearsay rule to prove any fact essential to sustain the judgment.

2. This section does not make admissible, when offered
by the State in a criminal prosecution for purposes other than impeachment, a
judgment against a person other than the accused.

3. The pendency of an appeal may be shown but does not
affect admissibility.

Sec. 35. NRS 193.210 is hereby amended to
read as follows:

193.210 A person is of sound mind who is not affected with insanity and who has
arrived at the age of 14 years, or before that age if he knew the distinction
between good and evil.

Sec. 36. NRS 193.220 is hereby amended to
read as follows:

193.220 No act committed by a person while in a state
of [insanity or] voluntary intoxication
shall be deemed less criminal by reason of his condition, but whenever the
actual existence of any particular purpose, motive or intent is a necessary element
to constitute a particular species or degree of crime, the fact of his [insanity
or] intoxication may be taken into consideration in
determining the purpose, motive or intent.

Sec. 37. NRS 194.010 is hereby amended to
read as follows:

194.010 All persons are liable to punishment except
those belonging to the following classes:

1. Children under the age of 8 years.

2. Children between the ages of 8 years and 14 years,
in the absence of clear proof that at the time of committing the act charged
against them they knew its wrongfulness.

3. Persons
who committed the act charged or made the omission charged in a state of
insanity.

4. Persons
who committed the act or made the omission charged under an ignorance or
mistake of fact, which disproves any criminal intent, where a specific intent
is required to constitute the offense.

[4.] 5. Persons who committed the act charged
without being conscious thereof.

[5.] 6. Persons who committed the act or made the
omission charged, through misfortune or by accident, when it appears that there
was no evil design, intention or culpable negligence.

[6.] 7. Persons, unless the crime is punishable
with death, who committed the act or made the omission charged under threats or
menaces sufficient to show that they had reasonable cause to believe, and did
believe, their lives would be endangered if they refused, or that they would
suffer great bodily harm.

Sec. 38. NRS 200.485 is hereby amended to
read as follows:

200.485 1. Unless a greater penalty is provided
pursuant to NRS 200.481, a person convicted of a battery that constitutes
domestic violence pursuant to NRS 33.018:

(a) For the first offense within 7 years, is guilty of
a misdemeanor and shall be sentenced to:

(1) Imprisonment in the city or county jail or
detention facility for not less than 2 days, but not more than 6 months; and

(2) Perform not less than 48 hours, but not more
than 120 hours, of community service.

The person shall be further punished by a fine of not less
than $200, but not more than $1,000. A term of imprisonment imposed pursuant to
this paragraph may be served intermittently at the discretion of the judge or
justice of the peace, except that each period of confinement must be not less
than 4 consecutive hours and must occur at a time when the person is not
required to be at his place of employment or on a weekend.

(b) For the second offense within 7 years, is guilty of
a misdemeanor and shall be sentenced to:

(1) Imprisonment in the city or county jail or
detention facility for not less than 10 days, but not more than 6 months; and

(2) Perform not less than 100 hours, but not
more than 200 hours, of community service.

The person shall be further punished by a fine of not less
than $500, but not more than $1,000.

(c) For the third and any subsequent offense within 7
years, is guilty of a category C felony and shall be punished as provided in
NRS 193.130.

2. In addition to any other penalty, if a person is
convicted of a battery which constitutes domestic violence pursuant to NRS
33.018, the court shall:

(a) For the first offense within 7 years, require him
to participate in weekly counseling sessions of not less than 1 1/2 hours per
week for not less than 6 months, but not more than 12 months, at his expense,
in a program for the treatment of persons who commit domestic violence that has
been certified pursuant to NRS 228.470.

(b) For the second offense within 7 years, require him
to participate in weekly counseling sessions of not less than 1 1/2 hours per
week for 12 months, at his expense, in a program for the treatment of persons
who commit domestic violence that has been certified pursuant to NRS 228.470.

3. An offense that occurred within 7 years immediately
preceding the date of the principal offense or after the principal offense
constitutes a prior offense for the purposes of this section when evidenced by
a conviction, without regard to the sequence of the offenses and convictions.
The facts concerning a prior offense must be alleged in the complaint,
indictment or information, must not be read to the jury or proved at trial but
must be proved at the time of sentencing and, if the principal offense is
alleged to be a felony, must also be shown at the preliminary examination or
presented to the grand jury.

4. In addition to any other fine or penalty, the court
shall order such a person to pay an administrative assessment of $35. Any money
so collected must be paid by the clerk of the court to the State Controller on
or before the fifth day of each month for the preceding month for credit to the
Account for Programs Related to Domestic Violence established pursuant to NRS
228.460.

5. In addition to any other penalty, the court may
require such a person to participate, at his expense, in a program of treatment
for the abuse of alcohol or drugs that has been certified by the Health
Division of the Department of Human Resources.

6. If it appears from information presented to the
court that a child under the age of 18 years may need counseling as a result of
the commission of a battery which constitutes domestic violence pursuant to NRS
33.018, the court may refer the child to an agency which provides child welfare
services. If the court refers a child to an agency which provides child welfare
services, the court shall require the person convicted of a battery which
constitutes domestic violence pursuant to NRS 33.018 to reimburse the agency
for the costs of any services provided, to the extent of his ability to pay.

7. If a person is charged with committing a battery
which constitutes domestic violence pursuant to NRS 33.018, a prosecuting
attorney shall not dismiss such a charge in exchange for a plea of guilty[, guilty but mentally ill]
or nolo contendere to a lesser charge or for any other reason unless he knows,
or it is obvious, that the charge is not supported by probable cause or cannot
be proved at the time of trial. A court shall not grant probation to and,
except as otherwise provided in NRS 4.373 and 5.055, a court shall not suspend
the sentence of such a person.

8. As used in this section:

(a) Agency which provides child welfare services has
the meaning ascribed to it in NRS 432B.030.

(b) Battery has the meaning ascribed to it in
paragraph (a) of subsection 1 of NRS 200.481.

(c) Offense includes a battery which constitutes
domestic violence pursuant to NRS 33.018 or a violation of the law of any other
jurisdiction that prohibits the same or similar conduct.

Sec. 39. NRS 202.270 is hereby amended to
read as follows:

202.270 1. A person who destroys, or attempts to
destroy, with dynamite, nitroglycerine, gunpowder or other high explosive, any
dwelling house or other building, knowing or having reason to believe that a
human being is therein at the time, is guilty of a category A felony and shall
be punished by imprisonment in the state prison:

(a) For life without the possibility of parole;

(b) For life with the possibility of parole, with
eligibility for parole beginning when a minimum of 10 years has been served; or

(c) For a definite term of 25 years, with eligibility
for parole beginning when a minimum of 10 years has been served,

in the discretion of the jury, or of the court upon a plea of
guilty .[or
guilty but mentally ill.]

2. A person who conspires with others to commit the
offense described in subsection 1 shall be punished in the same manner.

(3) Is a principal in any degree, accessory
before or after the fact, accomplice or conspirator to an unlawful act.

Sec. 41. NRS 207.016 is hereby amended to
read as follows:

207.016 1. A conviction pursuant to NRS 207.010,
207.012 or 207.014 operates only to increase, not to reduce, the sentence
otherwise provided by law for the principal crime.

2. If a count pursuant to NRS 207.010, 207.012 or
207.014 is included in an information charging the primary offense, each
previous conviction must be alleged in the accusatory pleading, but no such
conviction may be alluded to on trial of the primary offense, nor may any
allegation of the conviction be read in the presence of a jury trying the offense
or a grand jury considering an indictment for the offense. A count pursuant to
NRS 207.010, 207.012 or 207.014 may be separately filed after conviction of the
primary offense, but if it is so filed, sentence must not be imposed, or the
hearing required by subsection 3 held, until 15 days after the separate filing.

3. If a defendant charged pursuant to NRS 207.010,
207.012 or 207.014 pleads guilty [or guilty but mentally ill to,]to or is found
guilty of[,]
the primary offense[,]
but denies any previous conviction charged, the court shall
determine the issue of the previous conviction after hearing all relevant
evidence presented on the issue by the prosecution and the defendant.

shall determine the issue of the previous conviction after
hearing all relevant evidence presented on the issue by the prosecution and the
defendant. At such a hearing, the defendant may not challenge the validity of a
previous conviction. The court shall impose sentence:

(a) Pursuant to NRS 207.010 upon finding that the
defendant has suffered previous convictions sufficient to support an
adjudication of habitual criminality;

(b) Pursuant to NRS 207.012 upon finding that the
defendant has suffered previous convictions sufficient to support an
adjudication of habitual felon; or

(c) Pursuant to NRS 207.014 upon finding that the
defendant has suffered previous convictions sufficient to support an
adjudication of habitually fraudulent felon.

4. Nothing in the provisions of this section, NRS
207.010, 207.012 or 207.014 limits the prosecution in introducing evidence of
prior convictions for purposes of impeachment.

5. For the purposes of NRS 207.010, 207.012 and
207.014, a certified copy of a felony conviction is prima facie evidence of
conviction of a prior felony.

6. Nothing in the provisions of this section, NRS
207.010, 207.012 or 207.014 prohibits a court from imposing an adjudication of
habitual criminality, adjudication of habitual felon or adjudication of
habitually fraudulent felon based upon a stipulation of the parties.

Sec. 42. NRS 207.193 is hereby amended to
read as follows:

207.193 1. Except as otherwise provided in subsection
4, if a person is convicted of coercion or attempted coercion in violation of
paragraph (a) of subsection 2 of NRS 207.190, the court shall, at the request
of the prosecuting attorney, conduct a separate hearing to determine whether
the offense was sexually motivated. A request for such a hearing may not be
submitted to the court unless the prosecuting attorney, not less than 72 hours
before the commencement of the trial, files and serves upon the defendant a
written notice of his intention to request such a hearing.

2. A hearing requested pursuant to subsection 1 must
be conducted before:

(a) The court imposes its sentence; or

(b) A separate penalty hearing is conducted.

3. At the hearing, only evidence concerning the
question of whether the offense was sexually motivated may be presented. The
prosecuting attorney must prove beyond a reasonable doubt that the offense was
sexually motivated.

4. A person may stipulate that his offense was
sexually motivated before a hearing held pursuant to subsection 1 or as part of
an agreement to plead nolo contendere[, guilty]
or guilty .[but
mentally ill.]

5. The court shall enter in the record:

(a) Its finding from a hearing held pursuant to
subsection 1; or

(b) A stipulation made pursuant to subsection 4.

6. For the purposes of this section, an offense is
sexually motivated if one of the purposes for which the person committed the
offense was his sexual gratification.

212.189 1. Except as otherwise provided in subsection
9, a prisoner who is in lawful custody or confinement, other than residential
confinement, shall not knowingly:

(a) Store or stockpile any human excrement or bodily
fluid;

(b) Sell, supply or provide any human excrement or
bodily fluid to any other person;

(c) Buy, receive or acquire any human excrement or
bodily fluid from any other person; or

(d) Use, propel, discharge, spread or conceal, or cause
to be used, propelled, discharged, spread or concealed, any human excrement or
bodily fluid:

(1) With the intent to have the excrement or
bodily fluid come into physical contact with any portion of the body of an
officer or employee of a prison or any other person, whether or not such
physical contact actually occurs; or

(2) Under circumstances in which the excrement
or bodily fluid is reasonably likely to come into physical contact with any
portion of the body of an officer or employee of a prison or any other person,
whether or not such physical contact actually occurs.

2. Except as otherwise provided in subsection 3, if a
prisoner violates any provision of subsection 1, the prisoner is guilty of a
category B felony and shall be punished by imprisonment in the state prison for
a minimum term of not less than 2 years and a maximum term of not more than 10
years, and may be further punished by a fine of not more than $10,000.

3. If a prisoner violates any provision of paragraph
(d) of subsection 1 and, at the time of the offense, the prisoner knew that any
portion of the excrement or bodily fluid involved in the offense contained a
communicable disease that causes or is reasonably likely to cause substantial
bodily harm, whether or not the communicable disease was transmitted to a
victim as a result of the offense, the prisoner is guilty of a category A
felony and shall be punished by imprisonment in the state prison:

(a) For life with the possibility of parole, with
eligibility for parole beginning when a minimum of 10 years has been served; or

(b) For a definite term of 25 years, with eligibility
for parole beginning when a minimum of 10 years has been served,

and may be further punished by a fine of not more than
$50,000.

4. A sentence imposed upon a prisoner pursuant to
subsection 2 or 3:

(a) Is not subject to suspension or the granting of
probation; and

(b) Must run consecutively after the prisoner has
served any sentences imposed upon him for the offense or offenses for which the
prisoner was in lawful custody or confinement when he violated the provisions
of subsection 1.

5. In addition to any other penalty, the court shall
order a prisoner who violates any provision of paragraph (d) of subsection 1 to
reimburse the appropriate person or governmental body for the cost of any
examinations or testing:

(a) Conducted pursuant to paragraphs (a) and (b) of
subsection 7; or

(b) Paid for pursuant to subparagraph (2) of paragraph
(c) of subsection 7.

6. The warden, sheriff, administrator or other person
responsible for administering a prison shall immediately and fully investigate
any act described in subsection 1 that is reported or
suspected to have been committed in the prison.

described in subsection 1 that is reported or suspected to
have been committed in the prison.

7. If there is probable cause to believe that an act
described in paragraph (d) of subsection 1 has been committed in a prison:

(a) Each prisoner believed to have committed the act or
to have been the bodily source of any portion of the excrement or bodily fluid
involved in the act must submit to any appropriate examinations and testing to
determine whether each such prisoner has any communicable disease.

(b) If possible, a sample of the excrement or bodily
fluid involved in the act must be recovered and tested to determine whether any
communicable disease is present in the excrement or bodily fluid.

(c) If the excrement or bodily fluid involved in the
act came into physical contact with any portion of the body of an officer or
employee of a prison or any other person:

(1) The results of any examinations or testing
conducted pursuant to paragraphs (a) and (b) must be provided to each such
officer, employee or other person; and

(2) For each such officer or employee, the
person or governmental body operating the prison where the act was committed
shall pay for any appropriate examinations and testing requested by the officer
or employee to determine whether a communicable disease was transmitted to him
as a result of the act.

(d) The results of the investigation conducted pursuant
to subsection 6 and the results of any examinations or testing conducted
pursuant to paragraphs (a) and (b) must be submitted to the district attorney
of the county in which the act was committed or to the office of the Attorney
General for possible prosecution of each prisoner who committed the act.

8. If a prisoner is charged with committing an act
described in paragraph (d) of subsection 1 and a victim or an intended victim
of the act was an officer or employee of a prison, the prosecuting attorney
shall not dismiss the charge in exchange for a plea of guilty[, guilty but mentally ill]
or nolo contendere to a lesser charge or for any other reason unless the
prosecuting attorney knows or it is obvious that the charge is not supported by
probable cause or cannot be proved at the time of trial.

9. The provisions of this section do not apply to a
prisoner who commits an act described in subsection 1 if the act:

(a) Is otherwise lawful and is authorized by the
warden, sheriff, administrator or other person responsible for administering
the prison, or his designee, and the prisoner performs the act in accordance
with the directions or instructions given to him by that person;

(b) Involves the discharge of human excrement or bodily
fluid directly from the body of the prisoner and the discharge is the direct
result of a temporary or permanent injury, disease or medical condition
afflicting the prisoner that prevents the prisoner from having physical control
over the discharge of his own excrement or bodily fluid; or

(c) Constitutes voluntary sexual conduct with another
person in violation of the provisions of NRS 212.187.

Sec. 44. NRS 453.3363 is hereby amended to
read as follows:

453.3363 1. If a person who has not previously been
convicted of any offense pursuant to NRS 453.011 to 453.552, inclusive, or
pursuant to any statute of the United States or of any state relating to
narcotic drugs, marijuana, or stimulant, depressant or hallucinogenic
substances tenders a plea of guilty, [guilty but mentally
ill,] nolo contendere or similar plea to a charge pursuant to subsection 2 or 3
of NRS 453.336, NRS 453.411 or 454.351, or is found guilty of one of those
charges, the court, without entering a judgment of conviction and with the
consent of the accused, may suspend further proceedings and place him on
probation upon terms and conditions that must include attendance and successful
completion of an educational program or, in the case of a person dependent upon
drugs, of a program of treatment and rehabilitation pursuant to NRS 453.580.

plea of guilty, [guilty but mentally ill,]
nolo contendere or similar plea to a charge pursuant to subsection 2 or 3 of
NRS 453.336, NRS 453.411 or 454.351, or is found guilty of one of those
charges, the court, without entering a judgment of conviction and with the
consent of the accused, may suspend further proceedings and place him on
probation upon terms and conditions that must include attendance and successful
completion of an educational program or, in the case of a person dependent upon
drugs, of a program of treatment and rehabilitation pursuant to NRS 453.580.

2. Upon violation of a term or condition, the court
may enter a judgment of conviction and proceed as provided in the section
pursuant to which the accused was charged. Notwithstanding the provisions of
paragraph (e) of subsection 2 of NRS 193.130, upon violation of a term or
condition, the court may order the person to the custody of the Department of
Corrections.

3. Upon fulfillment of the terms and conditions, the
court shall discharge the accused and dismiss the proceedings against him. A
nonpublic record of the dismissal must be transmitted to and retained by the
Division of Parole and Probation of the Department of Public Safety solely for
the use of the courts in determining whether, in later proceedings, the person
qualifies under this section.

4. Except as otherwise provided in subsection 5,
discharge and dismissal under this section is without adjudication of guilt and
is not a conviction for purposes of this section or for purposes of employment,
civil rights or any statute or regulation or license or questionnaire or for
any other public or private purpose, but is a conviction for the purpose of
additional penalties imposed for second or subsequent convictions or the
setting of bail. Discharge and dismissal restores the person discharged, in the
contemplation of the law, to the status occupied before the arrest, indictment
or information. He may not be held thereafter under any law to be guilty of
perjury or otherwise giving a false statement by reason of failure to recite or
acknowledge that arrest, indictment, information or trial in response to an
inquiry made of him for any purpose. Discharge and dismissal under this section
may occur only once with respect to any person.

5. A professional licensing board may consider a
proceeding under this section in determining suitability for a license or
liability to discipline for misconduct. Such a board is entitled for those
purposes to a truthful answer from the applicant or licensee concerning any
such proceeding with respect to him.

Sec. 45. NRS 453.348 is hereby amended to
read as follows:

453.348 In any proceeding brought under NRS 453.316,
453.321, 453.322, 453.333, 453.334, 453.337, 453.338 or 453.401, any previous
convictions of the offender for a felony relating to controlled substances must
be alleged in the indictment or information charging the primary offense, but
the conviction may not be alluded to on the trial of the primary offense nor
may any evidence of the previous offense be produced in the presence of the
jury except as otherwise prescribed by law. If the offender pleads guilty [or
guilty but mentally ill] to or is convicted of the primary
offense but denies any previous conviction charged, the court shall determine
the issue after hearing all relevant evidence. A certified copy of a conviction
of a felony is prima facie evidence of the conviction.

453.575 1. If a defendant pleads guilty [or
guilty but mentally ill to,]to or is found guilty of[,]
any violation of this chapter and an analysis of a controlled substance or
other substance or drug was performed in relation to his case, the court shall
include in the sentence an order that the defendant pay the sum of $60 as a fee
for the analysis of the controlled substance or other substance or drug.

2. Except as otherwise provided in this subsection,
any money collected for such an analysis must not be deducted from, and is in
addition to, any fine otherwise imposed by the court and must be:

(a) Collected from the defendant before or at the same
time that the fine is collected.

(b) Stated separately in the judgment of the court or
on the courts docket.

3. The money collected pursuant to subsection 1 in any
district, municipal or justices court must be paid by the clerk of the court
to the county or city treasurer, as appropriate, on or before the fifth day of
each month for the preceding month.

4. The board of county commissioners of each county
shall by ordinance create in the county treasury a fund to be designated as the
fund for forensic services. The governing body of each city shall create in the
city treasury a fund to be designated as the fund for forensic services. Upon
receipt, the county or city treasurer, as appropriate, shall deposit any fee
for the analyses of controlled substances or other substances or drugs in the
fund. The money from such deposits must be accounted for separately within the
fund.

5. Except as otherwise provided in subsection 6, each
month the treasurer shall, from the money credited to the fund pursuant to subsection
3, pay any amount owed for forensic services and deposit any remaining money in
the county or city general fund, as appropriate.

6. In counties which do not receive forensic services
under a contract with the State, the money deposited in the fund for forensic
services pursuant to subsection 4 must be expended, except as otherwise
provided in this subsection:

(a) To pay for the analyses of controlled substances or
other substances or drugs performed in connection with criminal investigations
within the county;

(b) To purchase and maintain equipment to conduct these
analyses; and

(c) For the training and continuing education of the
employees who conduct these analyses.

Money from the fund must not be expended to cover the costs
of analyses conducted by, equipment used by or training for employees of an
analytical laboratory not registered with the Drug Enforcement Administration
of the United States Department of Justice.

Sec. 47. NRS 454.358 is hereby amended to
read as follows:

454.358 1. When a defendant pleads guilty [or
guilty but mentally ill to,]to or is found guilty of[,]
any violation of this chapter and an analysis of a dangerous drug was performed
in relation to his case, the justice or judge shall include in the sentence the
sum of $50 as a fee for the analysis of the dangerous drug.

2. The money collected for such an analysis must not
be deducted from the fine imposed by the justice or judge, but must be taxed
against the defendant in addition to the fine.

defendant in addition to the fine. The money collected for
such an analysis must be stated separately on the courts docket and must be
included in the amount posted for bail. If the defendant is found not guilty or
the charges are dropped, the money deposited with the court must be returned to
the defendant.

3. The money collected pursuant to subsection 1 in
municipal court must be paid by the clerk of the court to the county treasurer
on or before the [5th]fifth day of each month for the preceding
month.

4. The money collected pursuant to subsection 1 in
justices courts must be paid by the clerk of the court to the county treasurer
on or before the [5th]fifth day of each month for the preceding
month.

5. The board of county commissioners of each county
shall by ordinance, before September 1, 1987, create in the county treasury a
fund to be designated as the fund for forensic services. Upon receipt, the
county treasurer shall deposit any fee for the analyses of dangerous drugs in
the fund.

6. In counties which receive forensic services under a
contract with the State, any money in the fund for forensic services must be
paid monthly by the county treasurer to the State Treasurer for deposit in the
State General Fund, after retaining 2 percent of the money to cover his
administrative expenses.

7. In counties which do not receive forensic services
under a contract with the State, money in the fund for forensic services must
be expended, except as otherwise provided in this subsection:

(a) To pay for the analyses of dangerous drugs
performed in connection with criminal investigations within the county;

(b) To purchase and maintain equipment to conduct these
analyses; and

(c) For the training and continuing education of the
employees who conduct these analyses.

Money from the fund must not be expended to cover the costs
of analyses conducted by, equipment used by or training for employees of an
analytical laboratory not registered with the Drug Enforcement Administration
of the United States Department of Justice.

Sec. 48. NRS 483.560 is hereby amended to
read as follows:

483.560 1. Except as otherwise provided in subsection
2, any person who drives a motor vehicle on a highway or on premises to which
the public has access at a time when his drivers license has been cancelled,
revoked or suspended is guilty of a misdemeanor.

2. Except as otherwise provided in this subsection, if
the license of the person was suspended, revoked or restricted because of:

(a) A violation of NRS 484.379, 484.3795 or 484.384;

(b) A homicide resulting from driving or being in
actual physical control of a vehicle while under the influence of intoxicating
liquor or a controlled substance or resulting from any other conduct prohibited
by NRS 484.379 or 484.3795; or

(c) A violation of a law of any other jurisdiction that
prohibits the same or similar conduct as set forth in paragraph (a) or (b),

the person shall be punished by imprisonment in jail for not
less than 30 days nor more than 6 months or by serving a term of residential
confinement for not less than 60 days nor more than 6 months, and shall be
further punished by a fine of not less than $500 nor more than $1,000. A person
who is punished pursuant to this subsection may not be granted probation, and a
sentence imposed for such a violation may not be
suspended.

sentence imposed for such a violation may not be suspended. A
prosecutor may not dismiss a charge of such a violation in exchange for a plea
of guilty[,
of guilty but mentally ill] or of nolo contendere to a
lesser charge or for any other reason, unless in his judgment the charge is not
supported by probable cause or cannot be proved at trial. The provisions of
this subsection do not apply if the period of revocation has expired but the
person has not reinstated his license.

3. A term of imprisonment imposed pursuant to the
provisions of this section may be served intermittently at the discretion of
the judge or justice of the peace. This discretion must be exercised after
considering all the circumstances surrounding the offense, and the family and
employment of the person convicted. However, the full term of imprisonment must
be served within 6 months after the date of conviction, and any segment of time
the person is imprisoned must not consist of less than 24 hours.

4. Jail sentences simultaneously imposed pursuant to
this section and NRS 484.3792, 484.37937 or 484.3794 must run consecutively.

5. If the Department receives a record of the
conviction or punishment of any person pursuant to this section upon a charge
of driving a vehicle while his license was:

(a) Suspended, the Department shall extend the period
of the suspension for an additional like period.

(b) Revoked, the Department shall extend the period of
ineligibility for a license, permit or privilege to drive for an additional 1
year.

(c) Restricted, the Department shall revoke his
restricted license and extend the period of ineligibility for a license, permit
or privilege to drive for an additional 1 year.

(d) Suspended or cancelled for an indefinite period,
the Department shall suspend his license for an additional 6 months for the
first violation and an additional 1 year for each subsequent violation.

6. Suspensions and revocations imposed pursuant to
this section must run consecutively.

Sec. 49. NRS 484.3792 is hereby amended to
read as follows:

484.3792 1. Unless a greater penalty is provided
pursuant to NRS 484.3795, a person who violates the provisions of NRS 484.379:

(a) For the first offense within 7 years, is guilty of
a misdemeanor. Unless he is allowed to undergo treatment as provided in NRS
484.37937, the court shall:

(1) Except as otherwise provided in subparagraph
(4) or subsection 6, order him to pay tuition for an educational course on the
abuse of alcohol and controlled substances approved by the Department and
complete the course within the time specified in the order, and the court shall
notify the Department if he fails to complete the course within the specified
time;

(2) Unless the sentence is reduced pursuant to
NRS 484.37937, sentence him to imprisonment for not less than 2 days nor more
than 6 months in jail, or to perform not less than 48 hours, but not more than
96 hours, of community service while dressed in distinctive garb that
identifies him as having violated the provisions of NRS 484.379;

(3) Fine him not less than $400 nor more than
$1,000; and

(4) If he is found to have a concentration of
alcohol of 0.18 or more in his blood or breath, order him to attend a program
of treatment for the abuse of alcohol or drugs pursuant to the provisions of
NRS 484.37945.

(b) For a second offense within 7 years, is guilty of a
misdemeanor. Unless the sentence is reduced pursuant to NRS 484.3794, the court
shall:

(1) Sentence him to:

(I) Imprisonment for not less than 10 days
nor more than 6 months in jail; or

(II) Residential confinement for not less
than 10 days nor more than 6 months, in the manner provided in NRS 4.376 to
4.3766, inclusive, or 5.0755 to 5.078, inclusive;

(2) Fine him not less than $750 nor more than
$1,000;

(3) Order him to perform not less than 100 hours,
but not more than 200 hours, of community service while dressed in distinctive
garb that identifies him as having violated the provisions of NRS 484.379,
unless the court finds that extenuating circumstances exist; and

(4) Order him to attend a program of treatment
for the abuse of alcohol or drugs pursuant to the provisions of NRS 484.37945.

A person who willfully fails or refuses to complete
successfully a term of residential confinement or a program of treatment
ordered pursuant to this subsection is guilty of a misdemeanor.

(c) For a third or subsequent offense within 7 years,
is guilty of a category B felony and shall be punished by imprisonment in the
state prison for a minimum term of not less than 1 year and a maximum term of
not more than 6 years, and shall be further punished by a fine of not less than
$2,000 nor more than $5,000. An offender so imprisoned must, insofar as
practicable, be segregated from offenders whose crimes were violent and, insofar
as practicable, be assigned to an institution or facility of minimum security.

2. An offense that occurred within 7 years immediately
preceding the date of the principal offense or after the principal offense
constitutes a prior offense for the purposes of this section when evidenced by
a conviction, without regard to the sequence of the offenses and convictions.
The facts concerning a prior offense must be alleged in the complaint,
indictment or information, must not be read to the jury or proved at trial but
must be proved at the time of sentencing and, if the principal offense is
alleged to be a felony, must also be shown at the preliminary examination or
presented to the grand jury.

3. A person convicted of violating the provisions of
NRS 484.379 must not be released on probation, and a sentence imposed for
violating those provisions must not be suspended except, as provided in NRS
4.373, 5.055, 484.37937 and 484.3794, that portion of the sentence imposed that
exceeds the mandatory minimum. A prosecuting attorney shall not dismiss a
charge of violating the provisions of NRS 484.379 in exchange for a plea of
guilty[,
guilty but mentally ill] or nolo contendere to a lesser
charge or for any other reason unless he knows or it is obvious that the charge
is not supported by probable cause or cannot be proved at the time of trial.

4. A term of confinement imposed pursuant to the
provisions of this section may be served intermittently at the discretion of
the judge or justice of the peace, except that a person who is convicted of a
second or subsequent offense within 7 years must be confined for at least one
segment of not less than 48 consecutive hours. This discretion must be
exercised after considering all the circumstances surrounding the offense, and
the family and employment of the offender, but any sentence of 30 days or less must
be served within 6 months after the date of conviction or, if the offender was sentenced pursuant to NRS 484.37937 or 484.3794 and the
suspension of his sentence was revoked, within 6 months after the date of
revocation.

sentenced pursuant to NRS 484.37937 or 484.3794 and the
suspension of his sentence was revoked, within 6 months after the date of
revocation. Any time for which the offender is confined must consist of not
less than 24 consecutive hours.

5. Jail sentences simultaneously imposed pursuant to
this section and NRS 482.456, 483.560 or 485.330 must run consecutively.

6. If the person who violated the provisions of NRS
484.379 possesses a drivers license issued by a state other than the State of
Nevada and does not reside in the State of Nevada, in carrying out the
provisions of subparagraph (1) of paragraph (a) of subsection 1, the court
shall:

(a) Order the person to pay tuition for and submit
evidence of completion of an educational course on the abuse of alcohol and
controlled substances approved by a governmental agency of the state of his
residence within the time specified in the order; or

(b) Order him to complete an educational course by
correspondence on the abuse of alcohol and controlled substances approved by
the Department within the time specified in the order,

and the court shall notify the Department if the person fails
to complete the assigned course within the specified time.

7. If the defendant was transporting a person who is
less than 15 years of age in the motor vehicle at the time of the violation,
the court shall consider that fact as an aggravating factor in determining the
sentence of the defendant.

8. As used in this section, unless the context
otherwise requires:

(a) Concentration of alcohol of 0.18 or more in his
blood or breath means 0.18 gram or more of alcohol per 100 milliliters of the
blood of a person or per 210 liters of this breath.

(b) Offense means:

(1) A violation of NRS 484.379 or 484.3795;

(2) A homicide resulting from driving or being
in actual physical control of a vehicle while under the influence of
intoxicating liquor or a controlled substance or resulting from any other
conduct prohibited by NRS 484.379 or 484.3795; or

(3) A violation of a law of any other
jurisdiction that prohibits the same or similar conduct as set forth in
paragraph (a) or (b).

Sec. 50. NRS 484.3795 is hereby amended to
read as follows:

484.3795 1. A person who:

(a) Is under the influence of intoxicating liquor;

(b) Has a concentration of alcohol of 0.10 or more in
his blood or breath;

(c) Is found by measurement within 2 hours after
driving or being in actual physical control of a vehicle to have a
concentration of alcohol of 0.10 or more in his blood or breath;

(d) Is under the influence of a controlled substance or
is under the combined influence of intoxicating liquor and a controlled
substance;

(e) Inhales, ingests, applies or otherwise uses any
chemical, poison or organic solvent, or any compound or combination of any of
these, to a degree which renders him incapable of safely driving or exercising
actual physical control of a vehicle; or

(f) Has a prohibited substance in his blood or urine in
an amount that is equal to or greater than the amount set forth in subsection 3
of NRS 484.379,and does any act or neglects any duty
imposed by law while driving or in actual physical control of any vehicle on or
off the highways of this state, if the act or neglect of duty proximately
causes the death of, or substantial bodily harm to, a person other than
himself, is guilty of a category B felony and shall be punished by imprisonment
in the state prison for a minimum term of not less than 2 years and a maximum
term of not more than 20 years and must be further punished by a fine of not
less than $2,000 nor more than $5,000.

and does any act or neglects any duty imposed by law while
driving or in actual physical control of any vehicle on or off the highways of
this state, if the act or neglect of duty proximately causes the death of, or
substantial bodily harm to, a person other than himself, is guilty of a
category B felony and shall be punished by imprisonment in the state prison for
a minimum term of not less than 2 years and a maximum term of not more than 20
years and must be further punished by a fine of not less than $2,000 nor more
than $5,000. A person so imprisoned must, insofar as practicable, be segregated
from offenders whose crimes were violent and, insofar as practicable, be
assigned to an institution or facility of minimum security.

2. A prosecuting attorney shall not dismiss a charge
of violating the provisions of subsection 1 in exchange for a plea of guilty[, guilty but mentally ill]
or nolo contendere to a lesser charge or for any other reason unless he knows
or it is obvious that the charge is not supported by probable cause or cannot
be proved at the time of trial. A sentence imposed pursuant to subsection 1 may
not be suspended nor may probation be granted.

3. If consumption is proven by a preponderance of the
evidence, it is an affirmative defense under paragraph (c) of subsection 1 that
the defendant consumed a sufficient quantity of alcohol after driving or being
in actual physical control of the vehicle, and before his blood or breath was
tested, to cause him to have a concentration of alcohol of 0.10 or more in his
blood or breath. A defendant who intends to offer this defense at a trial or
preliminary hearing must, not less than 14 days before the trial or hearing or
at such other time as the court may direct, file and serve on the prosecuting
attorney a written notice of that intent.

4. If the defendant was transporting a person who is
less than 15 years of age in the motor vehicle at the time of the violation,
the court shall consider that fact as an aggravating factor in determining the
sentence of the defendant.

Sec. 51. NRS 484.3797 is hereby amended to
read as follows:

484.3797 1. The judge or judges in each judicial
district shall cause the preparation and maintenance of a list of the panels of
persons who:

(a) Have been injured or had members of their families
or close friends injured or killed by a person who was driving or in actual
physical control of a vehicle while under the influence of intoxicating liquor
or a controlled substance or who was engaging in any other conduct prohibited
by NRS 484.379 or 484.3795 or a law of any other jurisdiction that prohibits
the same or similar conduct; and

(b) Have, by contacting the judge or judges in the
district, expressed their willingness to discuss collectively the personal
effect of those crimes.

The list must include the name and telephone number of the
person to be contacted regarding each such panel and a schedule of times and
locations of the meetings of each such panel. The judge or judges shall
establish, in cooperation with representatives of the members of the panels, a
fee, if any, to be paid by defendants who are ordered to attend a meeting of
the panel. The amount of the fee, if any, must be reasonable. The panel may not
be operated for profit.

2. Except as otherwise provided in this subsection, if
a defendant pleads guilty [or guilty but mentally ill to,]to or is found guilty of[,]
any violation of NRS 484.379 or 484.3795, the court shall, in addition to
imposing any other penalties provided by law, order the defendant to:

(a) Attend, at the defendants expense, a meeting of a
panel of persons who have been injured or had members of their families or
close friends injured or killed by a person who was driving or in actual
physical control of a vehicle while under the influence of intoxicating liquor
or a controlled substance or who was engaging in any other conduct prohibited
by NRS 484.379 or 484.3795 or a law of any other jurisdiction that prohibits
the same or similar conduct, in order to have the defendant understand the
effect such a crime has on other persons; and

(b) Pay the fee, if any, established by the court
pursuant to subsection 1.

The court may, but is not required to, order the defendant to
attend such a meeting if one is not available within 60 miles of the
defendants residence.

3. A person ordered to attend a meeting pursuant to
subsection 2 shall, after attending the meeting, present evidence or other
documentation satisfactory to the court that he attended the meeting and
remained for its entirety.

Sec. 52. NRS 484.3798 is hereby amended to
read as follows:

484.3798 1. If a defendant pleads guilty [or
guilty but mentally ill to,]to or is found guilty of[,]
any violation of NRS 484.379 or 484.3795 and a chemical analysis of his blood,
urine, breath or other bodily substance was conducted, the court shall, in
addition to any penalty provided by law, order the defendant to pay the sum of
$60 as a fee for the chemical analysis. Except as otherwise provided in this
subsection, any money collected for the chemical analysis must not be deducted
from, and is in addition to, any fine otherwise imposed by the court and must
be:

(a) Collected from the defendant before or at the same
time that the fine is collected.

(b) Stated separately in the judgment of the court or
on the courts docket.

2. All money collected pursuant to subsection 1 must
be paid by the clerk of the court to the county or city treasurer, as
appropriate, on or before the fifth day of each month for the preceding month.

3. The treasurer shall deposit all money received by
him pursuant to subsection 2 in the county or city treasury, as appropriate,
for credit to the fund for forensic services created pursuant to NRS 453.575.
The money must be accounted for separately within the fund.

4. Except as otherwise provided in subsection 5, each
month the treasurer shall, from the money credited to the fund pursuant to subsection
3, pay any amount owed for forensic services and deposit any remaining money in
the county or city general fund, as appropriate.

5. In counties that do not receive forensic services
under a contract with the State, the money credited to the fund pursuant to
subsection 3:

(a) Except as otherwise provided in paragraph (b), must
be:

(1) Expended to pay for the chemical analyses
performed within the county;

(2) Expended to purchase and maintain equipment
to conduct such analyses;

(3) Expended for the training and continuing
education of the employees who conduct such analyses; and

(4) Paid to law enforcement agencies which
conduct such analyses to be used by those agencies in the manner provided in
this subsection.

(b) May only be expended to cover the costs of chemical
analyses conducted by, equipment used by, or training for employees of an
analytical laboratory that is approved by the committee on testing for
intoxication created in NRS 484.388.

Sec. 53. NRS 484.3945 is hereby amended to
read as follows:

484.3945 1. A person required to install a device
pursuant to NRS 484.3943 shall not operate a motor vehicle without a device or
tamper with the device.

2. A person who violates any provision of subsection
1:

(a) Must have his driving privilege revoked in the
manner set forth in subsection 4 of NRS 483.460; and

(b) Shall be:

(1) Punished by imprisonment in jail for not
less than 30 days nor more than 6 months; or

(2) Sentenced to a term of not less than 60 days
in residential confinement nor more than 6 months, and by a fine of not less
than $500 nor more than $1,000.

No person who is punished pursuant to this section may be
granted probation ,
and no sentence imposed for such a violation may be suspended. No prosecutor
may dismiss a charge of such a violation in exchange for a plea of guilty[, of guilty but mentally
ill] or of nolo contendere to a lesser charge or for any
other reason unless, in his judgment, the charge is not supported by probable
cause or cannot be proved at trial.

Sec. 54. NRS 488.420 is hereby amended to
read as follows:

488.420 1. A person who:

(a) Is under the influence of intoxicating liquor;

(b) Has a concentration of alcohol of 0.10 or more in
his blood or breath;

(c) Is found by measurement within 2 hours after
operating or being in actual physical control of a vessel under power or sail
to have a concentration of alcohol of 0.10 or more in his blood or breath;

(d) Is under the influence of a controlled substance or
is under the combined influence of intoxicating liquor and a controlled
substance;

(e) Inhales, ingests, applies or otherwise uses any
chemical, poison or organic solvent, or any compound or combination of any of
these, to a degree which renders him incapable of safely operating or being in
actual physical control of a vessel under power or sail; or

(f) Has a prohibited substance in his blood or urine in
an amount that is equal to or greater than the amount set forth in subsection 3
of NRS 488.410,

and does any act or neglects any duty imposed by law while
operating or being in actual physical control of any vessel under power or
sail, if the act or neglect of duty proximately causes the death of, or
substantial bodily harm to, a person other than himself, is guilty of a
category B felony and shall be punished by imprisonment in the state prison for
a minimum term of not less than 2 years and a maximum term of not more than 20
years and shall be further punished by a fine of not less than $2,000 nor more
than $5,000. A person so imprisoned must, insofar as practicable, be segregated
from offenders whose crimes were violent and, insofar as practicable, be
assigned to an institution or facility of minimum security.

2. A prosecuting attorney shall not dismiss a charge
of violating the provisions of subsection 1 in exchange for a plea of guilty[, guilty but mentally ill]
or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not
supported by probable cause or cannot be proved at the time of trial.

unless he knows or it is obvious that the charge is not
supported by probable cause or cannot be proved at the time of trial. A
sentence imposed pursuant to subsection 1 must not be suspended, and probation
must not be granted.

3. If consumption is proven by a preponderance of the
evidence, it is an affirmative defense under paragraph (c) of subsection 1 that
the defendant consumed a sufficient quantity of alcohol after operating or
being in actual physical control of the vessel under power or sail, and before
his blood was tested, to cause him to have a concentration of alcohol of 0.10
or more in his blood or breath. A defendant who intends to offer this defense
at a trial or preliminary hearing must, not less than 14 days before the trial
or hearing or at such other time as the court may direct, file and serve on the
prosecuting attorney a written notice of that intent.

4. If a person less than 15 years of age was in the
vessel at the time of the defendants violation, the court shall consider that
fact as an aggravating factor in determining the sentence of the defendant.

Sec. 55. NRS 488.440 is hereby amended to
read as follows:

488.440 1. If a defendant pleads guilty [or
guilty but mentally ill to,]to or is found guilty of, a violation of NRS
488.410 or 488.420 and a chemical analysis of his blood, urine, breath or other
bodily substance was conducted, the court shall, in addition to any penalty
provided by law, order the defendant to pay the sum of $60 as a fee for the
chemical analysis. Except as otherwise provided in this subsection, any money
collected for the chemical analysis must not be deducted from, and is in
addition to, any fine otherwise imposed by the court and must be:

(a) Collected from the defendant before or at the same
time that the fine is collected.

(b) Stated separately in the judgment of the court or
on the courts docket.

2. All money collected pursuant to subsection 1 must
be paid by the clerk of the court to the county or city treasurer, as
appropriate, on or before the fifth day of each month for the preceding month.

3. The treasurer shall deposit all money received by
him pursuant to subsection 2 in the county or city treasury, as appropriate,
for credit to the fund for forensic services created pursuant to NRS 453.575.
The money must be accounted for separately within the fund.

4. Except as otherwise provided in subsection 5, each
month the treasurer shall, from the money credited to the fund pursuant to subsection
3, pay any amount owed for forensic services and deposit any remaining money in
the county or city general fund, as appropriate.

5. In counties that do not receive forensic services
under a contract with the State, the money credited to the fund pursuant to
subsection 3:

(a) Except as otherwise provided in paragraph (b), must
be:

(1) Expended to pay for the chemical analyses
performed within the county;

(2) Expended to purchase and maintain equipment
to conduct such analyses;

(3) Expended for the training and continuing
education of the employees who conduct such analyses; and

(4) Paid to law enforcement agencies which
conduct such analyses to be used by those agencies in the manner provided in
this subsection.

(b) May only be expended to cover the costs of chemical
analyses conducted by, equipment used by or training for employees of an
analytical laboratory that is approved by the committee
on testing for intoxication created in NRS 484.388.

laboratory that is approved by the committee on testing for
intoxication created in NRS 484.388.

Sec. 56. NRS 489.421 is hereby amended to
read as follows:

489.421 The following grounds, among others,
constitute grounds for disciplinary action under NRS 489.381:

1. Revocation or denial of a license issued pursuant
to this chapter or an equivalent license in any other state, territory or
country.

2. Failure of the licensee to maintain any other
license required by any political subdivision of this state.

3. Failure to respond to a notice served by the
Division as provided by law within the time specified in the notice.

4. Failure to take the corrective action required in a
notice of violation issued pursuant to NRS 489.291.

5. Failure or refusing to permit access by the
Administrator to documentary materials set forth in NRS 489.231.

6. Disregarding or violating any order of the
Administrator, any agreement with the Division, or any provision of this
chapter or any regulation adopted under it.

7. Conviction of a misdemeanor for violation of any of
the provisions of this chapter.

8. Conviction of or entering a plea of guilty[, guilty but mentally ill]
or nolo contendere to a felony or a crime of moral turpitude in this state or
any other state, territory or country.

9. Any other conduct that constitutes deceitful,
fraudulent or dishonest dealing.

Sec. 57. NRS 616A.250 is hereby amended to
read as follows:

616A.250 Incarcerated means confined in:

1. Any local detention facility, county jail, state
prison, reformatory or other correctional facility as a result of a conviction
or a plea of guilty or nolo contendere in a criminal proceeding; or

2. Any institution or facility for the mentally ill as
a result of a plea of not guilty
by reason of insanity in a criminal proceeding,

in this state, another state or a foreign country.

Sec. 58. NRS 624.265 is hereby amended to
read as follows:

624.265 1. An applicant for a contractors license or
a licensed contractor and each officer, director, partner and associate thereof
must possess good character. Lack of character may be established by showing
that the applicant or licensed contractor, or any officer, director, partner or
associate thereof, has:

(a) Committed any act which would be grounds for the
denial, suspension or revocation of a contractors license;

(b) A bad reputation for honesty and integrity;

(c) Entered a plea of nolo contendere[, guilty]
or guilty [but mentally ill] to, been found guilty
of or been convicted of a crime arising out of, in connection with or related
to the activities of such person in such a manner as to demonstrate his
unfitness to act as a contractor, and the time for appeal has elapsed or the
judgment of conviction has been affirmed on appeal; or

(d) Had a license revoked or suspended for reasons that
would preclude the granting or renewal of a license for which the application
has been made.

2. Upon the request of the Board, an applicant for a
contractors license, and any officer, director, partner or associate of the
applicant, must submit to the Board completed fingerprint cards and a form
authorizing an investigation of the applicants
background and the submission of his fingerprints to the Central Repository for
Nevada Records of Criminal History and the Federal Bureau of Investigation.

investigation of the applicants background and the
submission of his fingerprints to the Central Repository for Nevada Records of
Criminal History and the Federal Bureau of Investigation. The fingerprint cards
and authorization form submitted must be those that are provided to the
applicant by the Board. The applicants fingerprints may be taken by an agent
of the Board or an agency of law enforcement.

3. The Board shall keep the results of the
investigation confidential and not subject to inspection by the general public.

4. The Board shall establish by regulation the fee for
processing the fingerprints to be paid by the applicant. The fee must not
exceed the sum of the amounts charged by the Central Repository for Nevada
Records of Criminal History and the Federal Bureau of Investigation for
processing the fingerprints.

5. The Board may obtain records of a law enforcement
agency or any other agency that maintains records of criminal history,
including, without limitation, records of:

(a) Arrests;

(b) Guilty pleas;

(c) Sentencing;

(d) Probation;

(e) Parole;

(f) Bail;

(g) Complaints; and

(h) Final dispositions,

for the investigation of a licensee or an applicant for a
contractors license.

Sec. 59. NRS 632.320 is hereby amended to
read as follows:

632.320 The Board may deny, revoke or suspend any
license or certificate applied for or issued pursuant to this chapter, or take
other disciplinary action against a licensee or holder of a certificate, upon
determining that he:

1. Is guilty of fraud or deceit in procuring or
attempting to procure a license or certificate pursuant to this chapter.

2. Is guilty of a felony or any offense:

(a) Involving moral turpitude; or

(b) Related to the qualifications, functions or duties
of a licensee or holder of a certificate,

in which case the record of conviction is conclusive evidence
thereof.

3. Has been convicted of violating any of the
provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440,
inclusive.

4. Is unfit or incompetent by reason of gross
negligence or recklessness in carrying out usual nursing functions.

5. Uses any controlled substance, dangerous drug as
defined in chapter 454 of NRS, or intoxicating liquor to an extent or in a
manner which is dangerous or injurious to any other person or which impairs his
ability to conduct the practice authorized by his license or certificate.

6. Is mentally incompetent.

7. Is guilty of unprofessional conduct, which
includes, but is not limited to, the following:

(a) Conviction of practicing medicine without a license
in violation of chapter 630 of NRS, in which case the record of conviction is
conclusive evidence thereof.

(b) Impersonating any applicant or acting as proxy for
an applicant in any examination required pursuant to this chapter for the
issuance of a license or certificate.

(c) Impersonating another licensed practitioner or
holder of a certificate.

(d) Permitting or allowing another person to use his
license or certificate to practice as a licensed practical nurse, registered
nurse or nursing assistant.

(e) Repeated malpractice, which may be evidenced by
claims of malpractice settled against him.

(f) Physical, verbal or psychological abuse of a
patient.

(g) Conviction for the use or unlawful possession of a
controlled substance or dangerous drug as defined in chapter 454 of NRS.

8. Has willfully or repeatedly violated the provisions
of this chapter. The voluntary surrender of a license or certificate issued
pursuant to this chapter is prima facie evidence that the licensee or
certificate holder has committed or expects to commit a violation of this
chapter.

9. Is guilty of aiding or abetting any person in a
violation of this chapter.

10. Has falsified an entry on a patients medical
chart concerning a controlled substance.

11. Has falsified information which was given to a
physician, pharmacist, podiatric physician or dentist to obtain a controlled
substance.

12. Has been disciplined in another state in
connection with a license to practice nursing or a certificate to practice as a
nursing assistant or has committed an act in another state which would
constitute a violation of this chapter.

13. Has engaged in conduct likely to deceive, defraud
or endanger a patient or the general public.

14. Has willfully failed to comply with a regulation,
subpoena or order of the Board.

For the purposes of this section, a plea or verdict of guilty
[or guilty but mentally ill] or a plea of
nolo contendere constitutes a conviction of an offense. The Board may take
disciplinary action pending the appeal of a conviction.

Sec. 60. NRS 639.006 is hereby amended to
read as follows:

639.006 Conviction means a plea or verdict of guilty
[or guilty but mentally ill] or a
conviction following a plea of nolo contendere to a charge of a felony, any
offense involving moral turpitude or any violation of the provisions of this
chapter or chapter 453 or 454 of NRS.

Sec. 61. NRS 645.330 is hereby amended to
read as follows:

645.330 1. Except as otherwise provided by specific
statute, the Division may approve an application for a license for a person who
meets all the following requirements:

(a) Has a good reputation for honesty, trustworthiness
and integrity and who offers proof of those qualifications satisfactory to the
Division.

(b) Has not made a false statement of material fact on
his application.

(c) Is competent to transact the business of a real
estate broker, broker-salesman or salesman in a manner which will safeguard the
interests of the public.

(d) Has submitted the statement required pursuant to
NRS 645.358 if the person is a natural person.

(a) May deny a license to any person who has been
convicted of, or entered a plea of guilty[, guilty but mentally ill]
or nolo contendere to, forgery, embezzlement, obtaining money under false
pretenses, larceny, extortion, conspiracy to defraud, engaging in a real estate
business without a license, possessing for the purpose of sale any controlled
substance or any crime involving moral turpitude, in any court of competent
jurisdiction in the United States or elsewhere; and

(b) Shall not issue a license to such a person until at
least 3 years after:

(1) The person pays any fine or restitution
ordered by the court; or

(2) The expiration of the period of the persons
parole, probation or sentence,

whichever is later.

3. Suspension or revocation of a license pursuant to
this chapter or any prior revocation or current suspension in this or any other
state, district or territory of the United States or any foreign country within
10 years before the date of the application is grounds for refusal to grant a
license.

4. A person may not be licensed as a real estate
broker unless he has been actively engaged as a full-time licensed real estate
broker-salesman or salesman in this state, or actively engaged as a full-time
licensed real estate broker, broker-salesman or salesman in another state or
the District of Columbia, for at least 2 of the 4 years immediately preceding
the issuance of a brokers license.

Sec. 62. NRS 645.350 is hereby amended to
read as follows:

645.350 1. An application for a license as a real
estate broker, broker-salesman or salesman must be submitted in writing to the
Division upon blanks prepared or furnished by the Division.

2. Every application for a real estate brokers,
broker-salesmans or salesmans license must set forth the following
information:

(a) The name, age and address of the applicant. If the
applicant is a partnership or an association which is applying to do business
as a real estate broker, the application must contain the name and address of
each member thereof. If the application is for a corporation which is applying
to do business as a real estate salesman, real estate broker-salesman or real
estate broker, the application must contain the name and address of each
officer and director thereof. If the applicant is a limited-liability company
which is applying to do business as a real estate broker, the companys
articles of organization must designate a manager, and the name and address of
the manager and each member must be listed in the application.

(b) In the case of a broker, the name under which the
business is to be conducted. The name is a fictitious name if it does not
contain the name of the applicant or the names of the members of the
applicants company, firm, partnership or association. Except as otherwise
provided in NRS 645.387, a license must not be issued under a fictitious name
which includes the name of a real estate salesman or broker-salesman. A license
must not be issued under the same fictitious name to more than one licensee within
the State. All licensees doing business under a fictitious name shall comply
with other pertinent statutory regulations regarding the use of fictitious
names.

(c) In the case of a broker, the place or places,
including the street number, city and county, where the business is to be
conducted.

(d) If the applicant is a natural person, the social
security number of the applicant.

(e) The business or occupation engaged in by the
applicant for at least 2 years immediately preceding the date of the
application, and the location thereof.

(f) The time and place of the applicants previous
experience in the real estate business as a broker or salesman.

(g) Whether the applicant has ever been convicted of or
is under indictment for a felony or has entered a plea of guilty[, guilty but mentally ill]
or nolo contendere to a charge of felony, and if so, the nature of the felony.

(h) Whether the applicant has been convicted of or
entered a plea of nolo contendere to forgery, embezzlement, obtaining money
under false pretenses, larceny, extortion, conspiracy to defraud, engaging in
the business of selling real estate without a license or any crime involving
moral turpitude.

(i) Whether the applicant has been refused a real
estate brokers, broker-salesmans or salesmans license in any state, or
whether his license as a broker or salesman has been revoked or suspended by
any other state, district or territory of the United States or any other
country.

(j) If the applicant is a member of a limited-liability
company, partnership or association, or an officer of a corporation, the name
and address of the office of the limited-liability company, partnership,
association or corporation of which the applicant is a member or officer.

3. An applicant for a license as a broker-salesman or
salesman shall provide a verified statement from the broker with whom he will
be associated, expressing the intent of that broker to associate the applicant
with him and to be responsible for the applicants activities as a licensee.

4. If a limited-liability company, partnership or
association is to do business as a real estate broker, the application for a
brokers license must be verified by at least two members thereof. If a
corporation is to do business as a real estate broker, the application must be verified
by the president and the secretary thereof.

Sec. 63. NRS 645.350 is hereby amended to
read as follows:

645.350 1. Application for license as a real estate
broker, broker-salesman or salesman must be made in writing to the Division
upon blanks prepared or furnished by the Division.

2. Every application for a real estate brokers,
broker-salesmans or salesmans license must set forth the following
information:

(a) The name, age and address of the applicant. If the
applicant is a partnership or an association which is applying to do business
as a real estate broker, the application must contain the name and address of
each member thereof. If the application is for a corporation which is applying
to do business as a real estate salesman, real estate broker-salesman or real
estate broker, the application must contain the name and address of each
officer and director thereof. If the applicant is a limited-liability company
which is applying to do business as a real estate broker, the companys
articles of organization must designate a manager, and the name and address of
the manager and each member must be listed in the application.

(b) In the case of a broker, the name under which the
business is to be conducted. The name is a fictitious name if it does not
contain the name of the applicant or the names of the members of the
applicants company, firm, partnership or association. Except as otherwise
provided in NRS 645.387, a license must not be issued under a fictitious name
which includes the name of a real estate salesman or broker-salesman. A license
must not be issued under the same fictitious name to more
than one licensee within the State.

under the same fictitious name to more than one licensee
within the State. All licensees doing business under a fictitious name shall
comply with other pertinent statutory regulations regarding the use of
fictitious names.

(c) In the case of a broker, the place or places, including
the street number, city and county, where the business is to be conducted.

(d) The business or occupation engaged in by the
applicant for at least 2 years immediately preceding the date of the
application, and the location thereof.

(e) The time and place of the applicants previous
experience in the real estate business as a broker or salesman.

(f) Whether the applicant has ever been convicted of or
is under indictment for a felony or has entered a plea of guilty[, guilty but mentally ill]
or nolo contendere to a charge of felony, and if so, the nature of the felony.

(g) Whether the applicant has been convicted of or
entered a plea of nolo contendere to forgery, embezzlement, obtaining money
under false pretenses, larceny, extortion, conspiracy to defraud, engaging in
the business of selling real estate without a license or any crime involving
moral turpitude.

(h) Whether the applicant has been refused a real
estate brokers, broker-salesmans or salesmans license in any state, or
whether his license as a broker or salesman has been revoked or suspended by
any other state, district or territory of the United States or any other
country.

(i) If the applicant is a member of a limited-liability
company, partnership or association, or an officer of a corporation, the name
and address of the office of the limited-liability company, partnership,
association or corporation of which the applicant is a member or officer.

3. An applicant for a license as a broker-salesman or
salesman shall provide a verified statement from the broker with whom he will
be associated, expressing the intent of that broker to associate the applicant
with him and to be responsible for the applicants activities as a licensee.

4. If a limited-liability company, partnership or
association is to do business as a real estate broker, the application for a
brokers license must be verified by at least two members thereof. If a
corporation is to do business as a real estate broker, the application must be
verified by the president and the secretary thereof.

Sec. 64. NRS 645.633 is hereby amended to
read as follows:

645.633 1. The Commission may take action pursuant to
NRS 645.630 against any person subject to that section who is guilty of:

(a) Willfully using any trade name, service mark or
insigne of membership in any real estate organization of which the licensee is
not a member, without the legal right to do so.

(b) Violating any order of the Commission, any
agreement with the Division, any of the provisions of this chapter, chapter
116, 119, 119A, 119B, 645A or 645C of NRS or any regulation adopted thereunder.

(c) Paying a commission, compensation or a finders fee
to any person for performing the services of a broker, broker-salesman or
salesman who has not secured his license pursuant to this chapter. This
subsection does not apply to payments to a broker who is licensed in his state
of residence.

(d) A felony, or has entered a plea of guilty[, guilty but mentally ill]
or nolo contendere to a charge of felony or any crime involving fraud, deceit,
misrepresentation or moral turpitude.

(e) Guaranteeing, or having authorized or permitted any
person to guarantee, future profits which may result from the resale of real
property.

(f) Failure to include a fixed date of expiration in
any written brokerage agreement or to leave a copy of the brokerage agreement
with the client.

(g) Accepting, giving or charging any undisclosed
commission, rebate or direct profit on expenditures made for a client.

(h) Gross negligence or incompetence in performing any
act for which he is required to hold a license pursuant to this chapter,
chapter 119, 119A or 119B of NRS.

(i) Any other conduct which constitutes deceitful,
fraudulent or dishonest dealing.

(j) Any conduct which took place before he became
licensed, which was in fact unknown to the Division and which would have been
grounds for denial of a license had the Division been aware of the conduct.

(k) Knowingly permitting any person whose license has
been revoked or suspended to act as a real estate broker, broker-salesman or
salesman, with or on behalf of the licensee.

(l) Recording or causing to be recorded a claim
pursuant to the provisions of NRS 645.8701 to 645.8811, inclusive, that is
determined by a district court to be frivolous and made without reasonable
cause pursuant to NRS 645.8791.

2. The Commission may take action pursuant to NRS
645.630 against a person who is subject to that section for the suspension or
revocation of a real estate brokers, broker-salesmans or salesmans license
issued to him by any other jurisdiction.

3. The Commission may take action pursuant to NRS
645.630 against any person who:

(a) Holds a permit to engage in property management
issued pursuant to NRS 645.6052; and

(b) In connection with any property for which the
person has obtained a written brokerage agreement to manage the property
pursuant to NRS 645.6056:

(1) Is convicted of violating any of the
provisions of NRS 202.470;

(2) Has been notified in writing by the
appropriate governmental agency of a potential violation of NRS 244.360,
244.3603 or 268.4124, and has failed to inform the owner of the property of
such notification; or

(3) Has been directed in writing by the owner of
the property to correct a potential violation of NRS 244.360, 244.3603 or
268.4124, and has failed to correct the potential violation, if such corrective
action is within the scope of the persons duties pursuant to the written
brokerage agreement.

4. The Division shall maintain a log of any complaints
that it receives relating to activities for which the Commission may take
action against a person holding a permit to engage in property management pursuant
to subsection 3.

5. On or before February 1 of each odd-numbered year,
the Division shall submit to the Director of the Legislative Counsel Bureau a
written report setting forth, for the previous biennium:

(a) Any complaints included in the log maintained by
the Division pursuant to subsection 4; and

(b) Any disciplinary actions taken by the Commission
pursuant to subsection 3.

6. Whether the applicant has ever been refused a
certificate, license or permit to act as an appraiser, or has ever had such a
certificate, license or permit suspended or revoked, in any other jurisdiction.

7. If the applicant is a member of a partnership or
association or is an officer of a corporation, the name and address of the
principal office of the partnership, association or corporation.

8. Any other information the Division requires.

Sec. 66. NRS 645C.320 is hereby amended to
read as follows:

645C.320 1. The Administrator shall issue a
certificate or license, as appropriate, to any person:

(a) Of good moral character, honesty and integrity;

(b) Who meets the educational requirements and has the
experience prescribed in NRS 645C.330;

(c) Who submits the statement required pursuant to NRS
645C.295; and

(d) Who, except as otherwise provided in NRS 645C.360,
has satisfactorily passed a written examination approved by the Commission.

2. The Administrator may deny an application for a
certificate or license to any person who:

(c) Has had a certificate, license or registration card
suspended or revoked pursuant to this chapter, or a certificate, license or
permit to act as an appraiser suspended or revoked in any other jurisdiction,
within the 10 years immediately preceding the date of his application.

Sec. 67. NRS 645C.320 is hereby amended to
read as follows:

645C.320 1. The Administrator shall issue a
certificate or license, as appropriate, to any person:

(a) Of good moral character, honesty and integrity;

(b) Who meets the educational requirements and has the
experience prescribed in NRS 645C.330; and

(c) Has had a certificate, license or registration card
suspended or revoked pursuant to this chapter, or a certificate, license or
permit to act as an appraiser suspended or revoked in any other jurisdiction,
within the 10 years immediately preceding the date of his application.

Sec. 68. NRS 690B.029 is hereby amended to
read as follows:

690B.029 1. A policy of insurance against liability
arising out of the ownership, maintenance or use of a motor vehicle delivered
or issued for delivery in this state to a person who is 55 years of age or
older must contain a provision for the reduction in the premiums for 3-year
periods if the insured:

(a) Successfully completes, after attaining 55 years of
age and every 3 years thereafter, a course of traffic safety approved by the
Department of Motor Vehicles; and

(b) For the 3-year period before completing the course
of traffic safety and each 3-year period thereafter:

(1) Is not involved in an accident involving a
motor vehicle for which the insured is at fault;

(2) Maintains a driving record free of
violations; and

(3) Has not been convicted of or entered a plea
of guilty[,
guilty but mentally ill] or nolo contendere to a moving
traffic violation or an offense involving:

(I) The operation of a motor vehicle while
under the influence of intoxicating liquor or a controlled substance; or

(II) Any other conduct prohibited by NRS
484.379 or 484.3795 or a law of any other jurisdiction that prohibits the same
or similar conduct.

2. The reduction in the premiums provided for in
subsection 1 must be based on the actuarial and loss experience data available
to each insurer and must be approved by the Commissioner. Each reduction must
be calculated based on the amount of the premium before any reduction in that
premium is made pursuant to this section, and not on the amount of the premium
once it has been reduced.

3. A course of traffic safety that an insured is
required to complete as the result of moving traffic violations must not be
used as the basis for a reduction in premiums pursuant to this section.

4. The organization that offers a course of traffic
safety approved by the Department of Motor Vehicles shall issue a certificate
to each person who successfully completes the course. A person must use the
certificate to qualify for the reduction in the premiums pursuant to this
section.

5. The Commissioner shall review and approve or
disapprove a policy of insurance that offers a reduction in the premiums
pursuant to subsection 1. An insurer must receive written approval from the
commissioner before delivering or issuing a policy with a provision containing such
a reduction.

Sec. 70. The Division of Mental Health and
Developmental Services of the Department of Human Resources shall adopt
regulations pursuant to section 23.5 of this act by not later than December 31,
2003, and shall begin administering examinations to determine eligibility for
certification to provide reports and evaluations concerning the competency of a
defendant pursuant to NRS 178.400 to 178.460, inclusive, by not later than
March 1, 2004.

Sec. 71. The Legislative Counsel shall, in preparing
the reprint and supplements to the Nevada Revised Statutes, remove or
appropriately change any references to guilty but mentally ill.

Sec. 72. 1. This
section and sections 1 to 23, inclusive, 24, 26 to 61, inclusive, 64, 65 and 68
to 71, inclusive, of this act become effective on July 1, 2003.

2. Section 23.5 of this
act becomes effective on July 1, 2003, for the purpose of adopting regulations
and on July 1, 2004, for all other purposes.

3. Sections 62 and 66 of
this act become effective on July 1, 2003, and expire by limitation on the date
of the repeal of the federal law requiring each state to establish procedures
for withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.

4. Sections 24.5 and 25.5
of this act become effective on July 1, 2004.

5. Sections 63 and 67 of this act become effective on the
date of the repeal of the federal law requiring each state to establish
procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child support
proceedings.

AN ACT relating to
the Office for Consumer Health Assistance; requiring the Office to assist
consumers in gaining information regarding certain prescription drug programs;
authorizing the Office to accept gifts, grants and donations to support this
service; and providing other matters properly relating thereto.

[Approved: May 28, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.Chapter 223 of NRS is hereby
amended by adding thereto a new section to read as follows:

1. Sponsored
or conducted by a manufacturer of prescription drugs at no charge; or

2. Offered by
the State of Nevada or a political subdivision thereof.

Sec. 2. NRS 223.500 is hereby amended to read
as follows:

223.500 As used in NRS 223.500 to 223.580, inclusive, and section 1 of this act, unless
the context otherwise requires, the words and terms defined in NRS 223.510,
223.520 and 223.530 and section 1
of this act have the meanings ascribed to them in those sections.

Sec. 3. NRS 223.510 is hereby amended to read
as follows:

223.510 Consumer means a natural person who has or
is in need of coverage under a health care plan[.] or who is in need of information or
other assistance regarding a prescription drug program.

Sec. 4. NRS 223.550 is hereby amended to read
as follows:

223.550 1. The Office for Consumer Health Assistance
is hereby established in the Office of the Governor. The Governor shall appoint
the Director. The Director must:

(a) Be:

(1) A physician, as that term is defined in NRS
0.040;

(2) A registered nurse, as that term is defined
in NRS 632.019;

(3) An advanced practitioner of nursing, as that
term is defined in NRS 453.023; or

(4) A physician assistant, as that term is
defined in NRS 630.015; and

(b) Have expertise and experience in the field of
advocacy.

2. The cost of carrying out the provisions of NRS
223.500 to 223.580, inclusive, must be paid as follows:

(a) That portion of the cost related to providing
assistance to consumers and injured employees concerning workers compensation
must be paid from the assessments levied pursuant to NRS 232.680.

(b) That portion of the cost related to the operation
of the Bureau for Hospital Patients created pursuant to NRS 223.575 must be
paid from the assessments levied pursuant to that section.

(c) That
portion of the cost related to providing assistance to consumers in need of
information or other facilitation regarding a prescription drug program may, to
the extent money is available from this source, be paid from the proceeds of
any gifts, grants or donations that are received by the Director for this
purpose.

(d) The
remaining cost must be provided by direct legislative appropriation from the
State General Fund and be paid out on claims as other claims against the State
are paid.

Sec. 5. NRS 223.560 is hereby amended to read
as follows:

223.560 The Director shall:

1. Respond to written and telephonic inquiries
received from consumers and injured employees regarding concerns and problems related
to health care and workers compensation;

2. Assist consumers and injured employees in
understanding their rights and responsibilities under health care plans and
policies of industrial insurance;

3. Identify and investigate complaints of consumers
and injured employees regarding their health care plans and policies of
industrial insurance and assist those consumers and injured employees to
resolve their complaints, including, without limitation:

4. Provide information to consumers and injured
employees concerning health care plans and policies of industrial insurance in
this state;

5. Establish and maintain a system to collect and
maintain information pertaining to the written and telephonic inquiries
received by the Office;

6. Take such actions as are necessary to ensure public
awareness of the existence and purpose of the services provided by the director
pursuant to this section; [and]

7. In appropriate cases and pursuant to the direction
of the Governor, refer a complaint or the results of an investigation to the
Attorney General for further action[.] ; and

8. Provide
information to and applications for prescription drug programs for consumers
without insurance coverage for prescription drugs or pharmaceutical services.

Sec. 6. NRS 223.570 is hereby amended to read
as follows:

223.570 1. The Director may:

(a) Within the limits of available money, employ:

(1) Such persons in the unclassified service of
the State as he determines to be necessary to carry out the provisions of this
section and NRS 223.560 and 223.580, including, without limitation, a provider
of health care, as that term is defined in NRS 449.581.

(2) Such additional personnel as may be required
to carry out the provisions of this section and NRS 223.560 and 223.580, who
must be in the classified service of the State.

A person employed pursuant to the authority set forth in this
subsection must be qualified by training and experience to perform the duties
for which the Director employs him.

(b) To the extent not otherwise prohibited by law,
obtain such information from consumers, injured employees, health care plans , prescription drug programs
and policies of industrial insurance as he determines to be necessary to carry
out the provisions of this section and NRS 223.560 and 223.580.

(c) Adopt such regulations as he determines to be
necessary to carry out the provisions of this section and NRS 223.560 and
223.580.

(d) Apply
for any available grants, accept any gifts, grants or donations and use any
such gifts, grants or donations to aid the Office in carrying out its duties
pursuant to subsection 8 of NRS 223.560.

2. The Director and his employees shall not have any
conflict of interest relating to the performance of their duties pursuant to
this section and NRS 223.560 and 223.580. For the purposes of this subsection,
a conflict of interest shall be deemed to exist if the Director or employee, or
any person affiliated with the Director or employee:

(a) Has direct involvement in the licensing,
certification or accreditation of a health care facility, insurer or provider
of health care;

(b) Has a direct ownership interest or investment
interest in a health care facility, insurer or provider of health care;

(c) Is employed by, or participating in, the management
of a health care facility, insurer or provider of health care; or

(d) Receives or has the right to receive, directly or
indirectly, remuneration pursuant to any arrangement for compensation with a
health care facility, insurer or provider of health care.

________

CHAPTER 286, AB 84

Assembly Bill No. 84Committee on Government Affairs

CHAPTER 286

AN ACT relating to
county government; revising the term of office of members of a town advisory
board in certain counties; removing the prohibition on consecutive terms of
office of members of such a board; providing for the election of a chairman of
such a board; revising the requirements regarding the notice of a vacancy on
such a board; requiring the provision of notice of the expiration of the term
of a member of such a board; and providing other matters properly relating
thereto.

[Approved: May 28, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 269.576 is hereby amended to
read as follows:

269.576 1. Except as appointment may be deferred pursuant
to NRS 269.563, the board of county commissioners of any county whose
population is 400,000 or more shall, in each ordinance which establishes an
unincorporated town pursuant to NRS 269.500 to 269.625, inclusive, provide for:

(a) Appointment by the board of county commissioners or
the election by the registered voters of the unincorporated town of three or
five qualified electors who are residents of the unincorporated town to serve
as the town advisory board. If the ordinance provides for appointment by the
board of county commissioners, in making such appointments, the board of county
commissioners shall consider:

(1) The results of any poll conducted by the
town advisory board; and

(2) Any application submitted to the board of
county commissioners by persons who desire to be appointed to the town advisory
board in response to an announcement made by the town advisory board.

(b) A term of [4] 2 years for members of
the town advisory board .[, which must be staggered and must expire on the first Monday
in January of an odd-numbered year. No person who has served for a term as a
member of a town advisory board is eligible for reappointment until 2 years
after the expiration of his term.

(c) Removal
of a member of the town advisory board if the board of county commissioners
finds that his removal is in the best interest of the residents of the
unincorporated town, and for appointment of a member to serve the unexpired
term of the member so removed.]

(c) Election
of a chairman from among the members of the town advisory board for a term of 2
years, and, if a vacancy occurs in the chairmanship, for the election of a chairman
from among the members for the remainder of
the unexpired term.

the remainder of
the unexpired term. The ordinance must also provide that a chairman is not
eligible to succeed himself for a term of office as chairman.

2. The
members of a town advisory board serve at the pleasure of the board of county
commissioners. If a member is removed, the board of county commissioners shall
appoint a new member to serve out the remainder of the unexpired term of the
member who was removed.

3. The
board of county commissioners shall provide notice of the expiration of the term of a member of and
any vacancy on a town advisory board to the residents of the unincorporated
town by mail, newsletter or newspaper at least [90]30 days before the expiration of the term or filling
the vacancy.

[3.] 4. The duties of the town advisory board are
to:

(a) Assist the board of county commissioners in
governing the unincorporated town by acting as liaison between the residents of
the town and the board of county commissioners; and

(b) Advise the board of county commissioners on matters
of importance to the unincorporated town and its residents.

[4.] 5. The board of county commissioners may
provide by ordinance for compensation for the members of the town advisory
board.

Sec. 2. 1. Notwithstanding the amendatory
provisions of paragraph (b) of subsection 1 of NRS 269.576, a member of a town
advisory board who was elected or appointed on or before October 1, 2003, shall
serve out the term to which he was elected or appointed.

2. For the purposes of paragraph (c) of subsection 1 of NRS
269.576, as amended by section 1 of this act, any person who is serving in the
capacity of a chairman on a town advisory board on October 1, 2003, is not
eligible to serve a consecutive term of office as chairman.

3. If the provisions of an ordinance adopted before October
1, 2003, that establishes an unincorporated town pursuant to NRS 269.500 to
269.625, inclusive, do not comply with NRS 269.576, as amended by section 1 of
this act, that ordinance must be amended on or before January 1, 2004, to
comply with section 1 of this act.

________

κ2003
Statutes of Nevada, Page 1511κ

CHAPTER 287, AB 60

Assembly Bill No. 60Committee on Judiciary

CHAPTER 287

AN ACT relating to
the juvenile court; providing an additional exception to mandatory
certification of a child for criminal proceedings as an adult; providing that a
decision of the juvenile court to deny certification of a child for criminal
proceedings as an adult may be appealed; and providing other matters properly
relating thereto.

(a) A child is charged with an offense that would be a
felony if committed by an adult; and

(b) The child was 14 years of age or older at the time
he allegedly committed the offense,

the juvenile court, upon a motion by the district attorney
and after a full investigation, may retain jurisdiction or certify the child
for proper criminal proceedings to any court that would have jurisdiction to
try the offense if committed by an adult.

2. If a child:

(a) Is charged with:

(1) A sexual assault involving the use or
threatened use of force or violence against the victim; or

(2) An offense or attempted offense involving
the use or threatened use of a firearm; and

(b) Was 14 years of age or older at the time he
allegedly committed the offense,

the juvenile court, upon a motion by the district attorney
and after a full investigation, shall certify the child for proper criminal
proceedings to any court that would have jurisdiction to try the offense if
committed by an adult, unless the court specifically finds by clear and
convincing evidence that the child
is developmentally or mentally incompetent to understand his situation and the
proceedings of the court or to aid his attorney in those proceedings or that the
childs actions were substantially the result of his substance abuse or
emotional or behavioral problems and such substance abuse or problems may be
appropriately treated through the jurisdiction of the juvenile court.

3. If a child is certified for criminal proceedings as
an adult pursuant to subsection 1 or 2, the court shall also certify the child
for criminal proceedings as an adult for any other related offense arising out
of the same facts as the offense for which the child was certified, regardless
of the nature of the related offense.

4. If a child has been certified for criminal proceedings
as an adult pursuant to subsection 1 or 2 and his case has been transferred out
of the juvenile court, original jurisdiction of his person for that case rests
with the court to which the case has been transferred,
and the child may petition for transfer of his case back to the juvenile court
only upon a showing of exceptional circumstances.

court to which the case has been transferred, and the child may
petition for transfer of his case back to the juvenile court only upon a
showing of exceptional circumstances. If the childs case is transferred back
to the juvenile court, the judge of that court shall determine whether the
exceptional circumstances warrant accepting jurisdiction.

Sec. 2. NRS 62.291 is hereby amended to read as
follows:

62.291 1.
Appeals from the orders of the court may be taken to the Supreme
Court in the same manner as appeals in civil cases are taken.

2. For the
purposes of this section, a decision to deny certification of a child for
criminal proceedings as an adult is a final judgment from which an appeal may
be taken.

Sec. 3. The amendatory provisions of this act apply
to a decision to deny certification of a child for criminal proceedings as an
adult that is made on or after October 1, 2003.

________

CHAPTER 288, AB 150

Assembly Bill No. 150Assemblywoman Buckley

CHAPTER 288

AN ACT relating to
the Charter of the City of Las Vegas; authorizing the City Attorney and Deputy
City Attorneys to represent indigent persons without compensation in certain
circumstances; and providing other matters properly relating thereto.

[Approved: May 28, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Section 3.100 of the Charter of the City of
Las Vegas, being chapter 517, Statutes of Nevada 1983, as amended by
chapter 45, Statutes of Nevada 1991, at page 93, is hereby amended to read as
follows:

1. The City Council shall appoint a City Attorney and
shall fix his salary.

2. The City Attorney must be:

(a) A duly licensed member, in good standing, of the
State Bar of Nevada.

(b) The Chief Legal Officer of the City and, as such,
shall advise the City Council and all offices of the City in all matters with
respect to the affairs for the City and perform such duties as may be
designated by the City Council or prescribed by ordinance.

3. The City Attorney is under the general direction
and supervision of the City Council.

4. [The]Except as otherwise provided in NRS 7.065, the City
Attorney and Deputy City Attorneys may not engage in the private practice of
law.

________

κ2003
Statutes of Nevada, Page 1513κ

CHAPTER 289, AB 136

Assembly Bill No. 136Committee on Government Affairs

CHAPTER 289

AN ACT relating to
local governments; authorizing the creation of a general improvement district
for the establishment of an area or zone for the preservation of one or more
species or subspecies of wildlife threatened with extinction; and providing
other matters properly relating thereto.

[Approved: May 28, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.Chapter 318 of NRS is hereby
amended by adding thereto a new section to read as follows:

In the case of a district created wholly or in part for the
establishment of an area or zone for the preservation of one or more species or
subspecies of wildlife that has been declared endangered or threatened pursuant
to the federal Endangered Species Act of 1973, 16 U.S.C. §§ 1531 et seq., the
board shall have the power to:

1. Establish, control, manage and operate or provide
money for the establishment, control, management and operation of the area or
zone.

2. Purchase, sell, exchange or lease real property,
personal property and other interests in property, except water rights, as
necessary for the establishment, control, management and operation of the area
or zone.

Sec. 2. NRS 318.116 is hereby amended to read
as follows:

318.116 Any one, all or any combination of the
following basic powers may be granted to a district in proceedings for its
organization, or its reorganization pursuant to NRS 318.077 and all provisions
in this chapter supplemental thereto, or as may be otherwise provided by
statute:

1. Furnishing electric light and power, as provided in
NRS 318.117;

2. Extermination and abatement of mosquitoes, flies,
other insects, rats, and liver fluke or Fasciola hepatica, as provided
in NRS 318.118;

3. Furnishing facilities or services for public
cemeteries, as provided in NRS 318.119;

20. Control and eradication of noxious weeds, as
provided in chapter 555 of NRS[.] ; and

21. Establishing,
controlling, managing and operating an area or zone for the preservation of one
or more species or subspecies of wildlife that has been declared endangered or
threatened pursuant to the federal Endangered Species Act of 1973, 16 U.S.C. §§
1531 et seq.

Sec. 3. This act becomes effective on July 1, 2003.

________

CHAPTER 290, AB 107

Assembly Bill No. 107Committee on Judiciary

CHAPTER 290

AN ACT relating to
crimes; providing an additional penalty for committing a felony in violation of
a temporary or extended order for protection; prohibiting a court from granting
probation to a person who commits such a crime; and providing other matters
properly relating thereto.

[Approved: May 28, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 193 of NRS is hereby amended by
adding thereto a new section to read as follows:

1. Except as
otherwise provided in NRS 193.169, a person who commits a crime that is
punishable as a felony, other than a crime that is punishable as a felony pursuant
to subsection 5 of NRS 200.591, in violation of:

(a) A temporary
or extended order for protection against domestic violence issued pursuant to
NRS 33.020;

(b) An order
for protection against harassment in the workplace issued pursuant to NRS 33.270;

(c) An order
for protection against domestic violence issued in an action or proceeding
brought pursuant to title 11 of NRS; or

(d) A temporary
or extended order issued pursuant to NRS 200.591,

shall be punished by
imprisonment in the state prison, except as otherwise provided in this
subsection, for a term equal to and in addition to the term of imprisonment
prescribed by statute for that crime. If the crime committed by the person is
punishable as a category A felony or category B felony, in addition to the term
of imprisonment prescribed by statute for that
crime, the person shall be punished by imprisonment in the state prison for a
minimum term of not less than 1 year and a maximum term of not more than 5
years.

that crime, the
person shall be punished by imprisonment in the state prison for a minimum term
of not less than 1 year and a maximum term of not more than 5 years. The
sentence prescribed by this section runs concurrently or consecutively with the
sentence prescribed by statute for the crime, as ordered by the court.

2. The court
shall not grant probation to or suspend the sentence of any person convicted of
attempted murder, battery which involves the use of a deadly weapon, or battery
which results in substantial bodily harm if an additional term of imprisonment
may be imposed for that primary offense pursuant to this section.

3. This
section does not create a separate offense but provides an additional penalty
for the primary offense, whose imposition is contingent upon the finding of the
prescribed fact.

Sec. 2. NRS 193.169 is hereby amended to read
as follows:

193.169 1. A person who is sentenced to an additional
term of imprisonment pursuant to the provisions of subsection 1 of NRS 193.161,
NRS 193.162, 193.163, 193.165, 193.167, 193.1675, 193.168 or 453.3345 or section 1 of this act must
not be sentenced to an additional term of imprisonment pursuant to any of the
other listed sections even if the persons conduct satisfies the requirements
for imposing an additional term of imprisonment pursuant to another one or more
of those sections.

2. A person who is
sentenced to an alternative term of imprisonment pursuant to subsection 2 of
NRS 193.161 must not be sentenced to an additional term of imprisonment
pursuant to subsection 1 of NRS 193.161, NRS 193.162, 193.163, 193.165,
193.167, 193.1675, 193.168 or 453.3345 or section 1 of this act even if the persons
conduct satisfies the requirements for imposing an additional term of
imprisonment pursuant to another one or more of those sections.

3. This section does not:

(a) Affect other penalties or limitations upon
probation or suspension of a sentence contained in the sections listed in
subsection 1 or 2.

(b) Prohibit alleging in the alternative in the
indictment or information that the persons conduct satisfies the requirements
of more than one of the sections listed in subsection 1 or 2 and introducing
evidence to prove the alternative allegations.

Sec. 3. NRS 33.100 is hereby amended to read
as follows:

33.100 [1.] A person who violates a temporary
or extended order is guilty of a misdemeanor, unless a more severe penalty is
prescribed by law for the act that constitutes the violation of the order. [If
the violation is accompanied by a violent physical act by the adverse party
against a person protected by the order, the court shall:

(a) Impose
upon the adverse party a fine of $1,000 or require him to perform a minimum of
200 hours of community service;

(b) Sentence
him to imprisonment for not fewer than 5 days nor more than 6 months;

(c) Order
him to reimburse the applicant, in an amount determined by the court, for all
costs and attorneys fees incurred by the applicant in seeking to enforce the
temporary or extended order, and for all medical expenses of the applicant and
any minor child incurred as a result of the violent physical act; and

(d) Order
him to participate in and complete a program of professional counseling, at his
own expense, if such counseling is available.

2. The
adverse party shall comply with the order for reimbursement of the applicant
before paying a fine imposed pursuant to this section.]

Sec. 4. NRS 125.560 is hereby amended to read
as follows:

125.560 [1.] A person who
violates a restraining order or injunction:

[(a)]1. That is in the nature
of a temporary or extended order for protection against domestic violence; and

[(b)]2. That is issued in an
action or proceeding brought pursuant to this title,

is guilty of a misdemeanor, unless a more severe penalty is
prescribed by law for the act that constitutes the violation of the order or
injunction. For the purposes of this [subsection,]section, an order or injunction is in the
nature of a temporary or extended order for protection against domestic
violence if it grants relief that might be given in a temporary or extended
order issued pursuant to NRS 33.017 to 33.100, inclusive.

[2. If the violation is accompanied by a violent physical act
against a person protected by the order or injunction, the court shall:

(a) Impose
upon the person committing the act a fine of $1,000 or require him to perform a
minimum of 200 hours of community service;

(b) Sentence
him to imprisonment for not fewer than 5 days nor more than 6 months;

(c) Order
him to reimburse the person obtaining the order or injunction, in an amount
determined by the court, for all costs and attorneys fees incurred by that
person in seeking to enforce the order or injunction, and for all medical
expenses of the person and any minor child incurred as a result of the violent
physical act; and

(d) Order
him to participate in and complete a program of professional counseling, at his
own expense, if such counseling is available.

3. The person
committing the violation shall comply with the order for reimbursement of the
person obtaining the order or injunction before paying any fine imposed
pursuant to this section.]

________

κ2003
Statutes of Nevada, Page 1517κ

CHAPTER 291, AB 48

Assembly Bill No. 48Assemblywoman Giunchigliani

CHAPTER 291

AN ACT relating to
labor; clarifying that the duties of the Labor Commissioner include the
enforcement of certain provisions related to labor without regard to whether a
person is lawfully or unlawfully employed; clarifying that the provisions
relating to compensation, wages and hours include persons unlawfully employed
by revising the definition of employee; clarifying that the provisions
relating to occupational safety and health include persons unlawfully employed
by revising the definition of employee; clarifying that the provisions
relating to public works projects include persons unlawfully employed by
revising the definition of workman; and providing other matters properly
relating thereto.

[Approved: May 28, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 607.160 is hereby amended to
read as follows:

607.1601. The Labor Commissioner:

(a) Shall enforce all labor laws of the State of Nevada[the]:

(1)
Without regard to whether an employee or workman is lawfully or unlawfully
employed; and

(2)
The enforcement of which is not specifically and exclusively
vested in any other officer, board or commission . [; and]

(b) May adopt regulations to carry out the provisions
of paragraph (a).

2. Whenever after due inquiry the Labor Commissioner
believes that a person financially unable to employ counsel has a valid and
enforceable claim for wages, commissions or other demands, he may present the
facts to the Attorney General showing:

(a) The names of the claimant and his alleged debtor.

(b) A description and the location of the property on
which the labor was performed, if the claim is for wages, or which is the
office or place of business of the debtor if the claim is for a commission, and
the right, title and interest of the debtor therein.

(c) Other property, if any, owned by the debtor and the
probable value thereof.

(d) The time the claimant began and the time he ceased
the labor.

(e) The number of days labor performed by him during
the employment and the rate of wages or commission arrangement and terms of the
employment.

(f) The date or dates and the amount, if any, paid on
the claim.

(g) The balance due, owing and unpaid on the claim.

(h) The date on which a demand for payment was made
upon the debtor or his agent or representative, and the response, if any, to
that demand.

(i) The names of the witnesses upon whom the claimant
expects to rely to provide facts and to what facts each of the witnesses is
expected to testify.

3. The Attorney General shall prosecute the claim if he
determines that the claim is valid and enforceable.

608.010 Employee includes both male and female
persons[.] in the service of an employer under any
appointment or contract of hire or apprenticeship, express or implied, oral or
written, whether lawfully or unlawfully employed.

Sec. 3. NRS 618.085 is hereby amended to read
as follows:

618.085 Employee means every person who is required,
permitted or directed by any employer to engage in any employment, or to go to
work or be at any time in any place of employment[.] , under any appointment or contract of
hire or apprenticeship, express or implied, oral or written, whether lawfully
or unlawfully employed.

Sec. 4. NRS 338.010 is hereby amended to read
as follows:

338.010 As used in this chapter:

1. Day labor means all cases where public bodies,
their officers, agents or employees, hire, supervise and pay the wages thereof
directly to a workman or workmen employed by them on public works by the day
and not under a contract in writing.

2. Design-build contract means a contract between a
public body and a design-build team in which the design-build team agrees to
design and construct a public work.

3. Design-build team means an entity that consists
of:

(a) At least one person who is licensed as a general
engineering contractor or a general building contractor pursuant to chapter 624
of NRS; and

(b) For a public work that consists of:

(1) A building and its site, at least one person
who holds a certificate of registration to practice architecture pursuant to
chapter 623 of NRS.

(2) Anything other than a building and its site,
at least one person who holds a certificate of registration to practice
architecture pursuant to chapter 623 of NRS or is licensed as a professional
engineer pursuant to chapter 625 of NRS.

4. Design professional means:

(a) A person who is licensed as a professional engineer
pursuant to chapter 625 of NRS;

(b) A person who is licensed as a professional land
surveyor pursuant to chapter 625 of NRS;

(c) A person who holds a certificate of registration to
engage in the practice of architecture pursuant to chapter 623 of NRS;

(d) A person who holds a certificate of registration to
engage in the practice of landscape architecture pursuant to chapter 623A of
NRS; or

(e) A business entity that engages in the practice of
professional engineering, land surveying, architecture or landscape
architecture.

5. Eligible bidder means a person who is:

(a) Found to be a responsible and responsive contractor
by a local government which requests bids for a public work in accordance with
paragraph (b) of subsection 1 of NRS 338.1373; or

(b) Determined by a public body which awarded a
contract for a public work pursuant to NRS 338.1375 to 338.139, inclusive, to
be qualified to bid on that contract pursuant to NRS 338.1379 or was exempt from
meeting such qualifications pursuant to NRS 338.1383.

6. General contractor means a person who is licensed
to conduct business in one, or both, of the following branches of the
contracting business:

(a) General engineering contracting, as described in
subsection 2 of NRS 624.215.

(b) General building contracting, as described in
subsection 3 of NRS 624.215.

7. Local government means every political
subdivision or other entity which has the right to levy or receive money from
ad valorem or other taxes or any mandatory assessments, and includes, without
limitation, counties, cities, towns, boards, school districts and other
districts organized pursuant to chapters 244A, 309, 318, 379, 474, 541, 543 and
555 of NRS, NRS 450.550 to 450.750, inclusive, and any agency or department of
a county or city which prepares a budget separate from that of the parent
political subdivision.

(c) Provide and secure compensation for employees
required pursuant to chapters 616A to 617, inclusive, of NRS; or

(d) Comply with subsection 4 or 5 of NRS 338.070.

9. Prime contractor means a person who:

(a) Contracts to construct an entire project;

(b) Coordinates all work performed on the entire
project;

(c) Uses his own workforce to perform all or a part of
the construction, repair or reconstruction of the project; and

(d) Contracts for the services of any subcontractor or
independent contractor or is responsible for payment to any contracted
subcontractors or independent contractors.

The term includes, without limitation, a general contractor
or a specialty contractor who is authorized to bid on a project pursuant to NRS
338.139 or 338.148.

10. Public body means the State, county, city, town,
school district or any public agency of this state or its political
subdivisions sponsoring or financing a public work.

11. Public work means any project for the new
construction, repair or reconstruction of:

(a) A project financed in whole or in part from public
money for:

(1) Public buildings;

(2) Jails and prisons;

(3) Public roads;

(4) Public highways;

(5) Public streets and alleys;

(6) Public utilities which are financed in whole
or in part by public money;

(7) Publicly owned water mains and sewers;

(8) Public parks and playgrounds;

(9) Public convention facilities which are
financed at least in part with public funds; and

(10) All other publicly owned works and property
whose cost as a whole exceeds $20,000. Each separate unit that is a part of a
project is included in the cost of the project to
determine whether a project meets that threshold.

included in the cost of the project to determine whether a
project meets that threshold.

(b) A building for the University and Community College
System of Nevada of which 25 percent or more of the costs of the building as a
whole are paid from money appropriated by this state or from federal money.

12. Specialty contractor means a person who is
licensed to conduct business as described in subsection 4 of NRS 624.215.

13. Stand-alone underground utility project means an
underground utility project that is not integrated into a larger project,
including, without limitation:

(a) An underground sewer line or an underground
pipeline for the conveyance of water, including facilities appurtenant thereto;
and

(b) A project for the construction or installation of a
storm drain, including facilities appurtenant thereto,

that is not located at the site of a public work for the
design and construction of which a public body is authorized to contract with a
design-build team pursuant to subsection 2 of NRS 338.1711.

14. Wages means:

(a) The basic hourly rate of pay; and

(b) The amount of pension, health and welfare, vacation
and holiday pay, the cost of apprenticeship training or other similar programs , or other bona fide
fringe benefits which are a benefit to the workman.

15. Workman means a skilled mechanic, skilled
workman, semiskilled mechanic, semiskilled workman or unskilled workman[.]in the service of a contractor or
subcontractor under any appointment or contract of hire or apprenticeship,
express or implied, oral or written, whether lawfully or unlawfully employed. The
term does not include a design professional.

Sec. 5. This act becomes effective upon passage and
approval.

________

CHAPTER 292, AB 41

Assembly Bill No. 41Assemblyman Collins

CHAPTER 292

AN ACT relating to
wildlife; converting the Division of Wildlife of the State Department of
Conservation and Natural Resources into the Department of Wildlife; and
providing other matters properly relating thereto.

[Approved: May 28, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.Chapter 501 of NRS is hereby
amended by adding thereto the provisions set forth as sections 2 and 3 of this
act.

Sec. 2. As
used in this title, Department means the Department of Wildlife.

Sec. 3. As
used in this title, Director means the Director of the Department.

501.047 As used in this title, game warden means any
person authorized by the [Administrator]Director to enforce the provisions of this
title and of chapter 488 of NRS.

Sec. 5. NRS 501.119 is hereby amended to read
as follows:

501.119 1. The [Division]Department is
authorized to determine methods of obtaining necessary data from hunters,
trappers and fishermen relative to their activities and success.

2. The methods may include return of reports attached
to licenses and tags or questionnaires addressed to license holders.

3. Failure to return such a report or questionnaire
within the period specified by regulation of the Commission or the submission
of any false statement thereon is cause for the Commission to:

(a) Deny the person the right to acquire any license
provided under this title for a period of 1 year; or

(b) Levy an administrative fine of $50 against the
person.

4. Any statement made on such a report or
questionnaire may not be the basis for prosecution for any indicated violations
of other sections of this title.

Sec. 6. NRS 501.181 is hereby amended to read
as follows:

501.181 The Commission shall:

1. Establish broad policies for:

(a) The protection, propagation, restoration,
transplanting, introduction and management of wildlife in this state.

(b) The promotion of the safety of persons using or
property used in the operation of vessels on the waters of this state.

(c) The promotion of uniformity of laws relating to
policy matters.

2. Guide the [Division]Department in its
administration and enforcement of the provisions of this title and of chapter
488 of NRS by the establishment of such policies.

3. Establish policies for areas of interest including:

(a) The management of big and small game mammals,
upland and migratory game birds, fur-bearing mammals, game fish, and protected
and unprotected mammals, birds, fish, reptiles and amphibians.

(b) The control of wildlife depredations.

(c) The acquisition of lands, water rights and
easements and other property for the management, propagation, protection and
restoration of wildlife.

(d) The entry, access to, and occupancy and use of such
property, including leases of grazing rights, sales of agricultural products
and requests by the [Administrator]Director to the State Land Registrar for the
sale of timber if the sale does not interfere with the use of the property on
which the timber is located for wildlife management or for hunting or fishing
thereon.

(e) The control of nonresident hunters.

(f) The introduction, transplanting or exporting of
wildlife.

(g) Cooperation with federal, state and local agencies
on wildlife and boating programs.

(h) The revocation of licenses issued pursuant to this
title to any person who is convicted of a violation of any provision of this
title or any regulation adopted pursuant thereto.

4. Establish regulations necessary to carry out the
provisions of this title and of chapter 488 of NRS, including:

(a) Regular and special seasons for hunting game
mammals and game birds, for hunting or trapping fur-bearing mammals and for
fishing, the daily and possession limits, the manner and means of taking
wildlife, including, but not limited to, the sex, size or other physical
differentiation for each species, and, when necessary for management purposes,
the emergency closing or extending of a season, reducing or increasing of the
bag or possession limits on a species, or the closing of any area to hunting,
fishing or trapping. The regulations must be established after first
considering the recommendations of the [Division,]Department, the
county advisory boards to manage wildlife and others who wish to present their
views at an open meeting. Any regulations relating to the closure of a season
must be based upon scientific data concerning the management of wildlife. The
data upon which the regulations are based must be collected or developed by the
[Division.] Department.

(c) The delineation of game management units embracing
contiguous territory located in more than one county, irrespective of county
boundary lines.

(d) The number of licenses issued to nonresidents for
big game and, if necessary, other game species for the regular and special
seasons.

5. Adopt regulations requiring the [Division]Department to make
public, before official delivery, its proposed responses to any requests by
federal agencies for its comment on drafts of statements concerning the
environmental effect of proposed actions or regulations affecting public lands.

6. Adopt regulations:

(a) Governing the provisions of the permit required by
NRS 502.390 and for the issuance, renewal and revocation of such a permit.

(b) Establishing the method for determining the amount
of an assessment and the time and manner of payment, necessary for the
collection of the assessment required by NRS 502.390.

7. Designate those portions of wildlife management
areas for big game mammals that are of special concern for the regulation of
the importation, possession and propagation of alternative livestock pursuant
to NRS 576.129.

Sec. 7. NRS 501.1812 is hereby amended to
read as follows:

501.1812 As used in NRS 501.1812 to 501.1818,
inclusive, unless the context otherwise requires:

1. License means a license or tag issued by the [Division]Department for:

2. Permit means a permit issued by the [Division]Department for
recreational hunting or fishing.

3. Wildlife conviction means a conviction obtained
in any court of competent jurisdiction in this state, including, without
limitation, a conviction obtained upon a plea of nolo contendere or upon a
forfeiture of bail not vacated in any such court, for a violation of:

(a) A provision of this title or any regulation adopted
pursuant to this title other than a provision of NRS 502.370, 502.390, 503.185,
503.310 or 504.295 to 504.390, inclusive; or

(b) A provision of the Lacey Act Amendment of 1981,
Public Law 97-79, if the violation of that provision is based on a violation of
a law or regulation of this state.

Sec. 8. NRS 501.1814 is hereby amended to
read as follows:

501.1814 1. The Commission shall establish and the [Division]Department shall
administer and enforce a system of assessing demerit points for wildlife
convictions. The system must be uniform in its operation.

2. Pursuant to the schedule of demerit points
established by regulation of the Commission for each wildlife conviction
occurring within this state affecting any holder of a license, permit or
privilege issued pursuant to this title, the [Division]Department shall
assess demerit points for the 60-month period preceding a persons most recent
wildlife conviction. Sixty months after the date of the conviction, the demerit
points for that conviction must be deleted from the total demerit points
accumulated by that person. The date of the violation shall be deemed the date
on which accumulated demerit points must be assessed. If a conviction of two or
more wildlife violations committed at a single event is obtained, demerit
points must be assessed for the offense having the greater number of demerit
points.

Sec. 9. NRS 501.1816 is hereby amended to
read as follows:

501.1816 1. If a person accumulates 6 or more demerit
points, but less than 12, the [Division]Department shall notify him of that fact by
certified mail. If, after the [Division]Department mails the notice, the person
presents proof to the [Division]Department that he has, after his most recent
wildlife conviction, successfully completed a course of instruction in the
responsibilities of hunters approved by the [Division, the Division]Department, the Department shall
deduct 4 demerit points from his record. A person may attend a course of
instruction in the responsibilities of hunters only once in 60 months for the
purpose of reducing his demerit points.

2. If a person accumulates 12 or more demerit points
before completing a course of instruction pursuant to subsection 1, the [Division]Department shall
suspend or revoke any license, permit or privilege issued to him pursuant to
this title.

3. Not later than 60 days after the [Division]Department determines
that a person has accumulated 12 demerit points, the [Division]Department shall
notify the person by certified mail that his privileges will be suspended or
revoked. Except as otherwise provided in subsection 4, the [Division]Department shall
suspend or revoke those privileges 30 days after it mails the notice.

4. Any person who receives the notice required by
subsection 3 may submit to the [Division]Department a written request for a hearing
before the Commission not later than 30 days after the receipt of the notice.
If a written request for a hearing is received by the [Division:] Department:

(a) The suspension or revocation of the license, permit
or privilege is stayed until a determination is made by the Commission after
the hearing.

(b) The hearing must be held within 60 days after the
request is received.

5. The periods of suspension or revocation imposed
pursuant to this section must run concurrently. No license, permit or privilege
may be suspended or revoked pursuant to this section for more than 3 years.

6. If the [Division]Department suspends
or revokes a license, permit or privilege pursuant to this section, the period
of suspension or revocation begins 30 days after notification pursuant to
subsection 3 or a determination is made by the Commission pursuant to
subsection 4. After a persons license, permit or privilege is suspended or
revoked pursuant to this section, all demerit points accumulated by that person
must be cancelled.

Sec. 10. NRS 501.1817 is hereby amended to
read as follows:

501.1817 Any person whose license, permit or privilege
has been suspended or revoked by the [Division]Department pursuant
to NRS 501.1816 is entitled to judicial review of the decision in the manner
provided by chapter 233B of NRS.

Sec. 11. NRS 501.243 is hereby amended to
read as follows:

501.243 1. The [Division]Department shall
execute, administer and enforce ,
and perform the functions and duties provided in chapter 488 of NRS.

2. The Commission has the power and authority to:

(a) Promulgate rules and regulations governing the use
of waters for recreational purposes, which waters are open to the public and
are not under the direct control of any other state or federal agency for
recreational use.

(b) Enter into cooperative agreements with federal,
state and county agencies having regulatory powers pertaining to the use of
public waters for recreational purposes for the purpose of coordinating such
rules and regulations.

Sec. 12. NRS 501.310 is hereby amended to
read as follows:

501.310 There is hereby created in each of the
counties of this state a fund for the advisory board. The fund must be kept in
the county treasury, and all money received from the [Division]Department must be
placed in the fund.

Sec. 13. NRS 501.320 is hereby amended to
read as follows:

501.320 1. Annually, not later than May 1, each board
shall prepare a budget for the period ending June 30 of the following year,
setting forth in detail its proposed expenditures for carrying out its duties
as specified in this title within its county, and submit the budget to the
Commission accompanied by a statement of the previous years expenditures,
certified by the county auditor.

2. The Commission shall examine the budget in
conjunction with the [Administrator]Director or a person designated by him, and
may increase, decrease, alter or amend the budget.

3. Upon approval of the budget, the [Division]Department shall
transmit a copy of the approved budget to the board, and at the same time
withdraw from the Wildlife Account within the State General Fund and transmit
to the board the money required under the approved budget for disposition by
the board in accordance with the approved budget. All money so received must be
placed in the fund for the advisory board.

Sec. 14. NRS 501.331 is hereby amended to
read as follows:

501.331 There is hereby created the [Division
of Wildlife of the State] Department of [Conservation
and Natural Resources,]Wildlife which shall administer the wildlife
laws of this state and chapter 488 of NRS.

Sec. 15. NRS 501.333 is hereby amended to
read as follows:

501.333 1. From among three or more nominees of the
Commission, the [Director of the State Department of Conservation and Natural
Resources]Governor
shall appoint [an Administrator]a Director of the [Division,]
Department, who is its Chief Administrative Officer.

[Division,]Department, who is its Chief Administrative
Officer. The [Administrator]Director serves at the pleasure of the [director.] Governor.

2. The [Director]Governor shall select as [Administrator]Director a person
having an academic degree in the management of wildlife or a closely related
field, substantial experience in the management of wildlife and a demonstrated
ability to administer [a division of] a major public agency.

3. The [Administrator]Director is in the unclassified service of the
State.

Sec. 16. NRS 501.337 is hereby amended to
read as follows:

501.337 The [Administrator]Director shall:

1. Carry out the policies and regulations of the
Commission.

2. Direct and supervise all administrative and
operational activities of the [Division,]Department, and all programs administered by
the [Division]Department as provided by law. Except as
otherwise provided in NRS 284.143, the [Administrator]Director shall
devote his entire time to the duties of his office and shall not follow any
other gainful employment or occupation.

3. Within such limitations as may be provided by law,
organize the [Division]Department and, from time to time with the
consent of the Commission, may alter
the organization. The [Administrator]Director shall reassign responsibilities and
duties as he may deem appropriate.

4. Appoint or remove such technical, clerical and
operational staff as the execution of his duties and the operation of the [Division]Department may
require, and all those employees are responsible to him for the proper carrying
out of the duties and responsibilities of their respective positions. The [Administrator]Director shall
designate a number of employees as game wardens and provide for their training.

5. Submit technical and other reports to the
Commission as may be necessary or as may be requested, which will enable the
Commission to establish policy and regulations.

6. Prepare , in consultation with the Commission, the biennial budget
of the [Division]Department consistent with the provisions of
this title and chapter 488 of NRS and submit it to the Commission for its
review and [comment.] recommendation before the budget is submitted to the Chief
of the Budget Division of the Department of Administration pursuant to NRS
353.210.

7. Administer real property assigned to the [Division.] Department.

8. Maintain full control, by proper methods and
inventories, of all personal property of the State acquired and held for the
purposes contemplated by this title and by chapter 488 of NRS.

9. Act as nonvoting Secretary to the Commission.

Sec. 17. NRS 501.339 is hereby amended to
read as follows:

501.339 The [Administrator]Director may:

1. In cases of emergency, with the prior approval of
the Governor, exercise the powers of the Commission until such time as the
Commission meets or the emergency ends.

2. Designate an employee or employees of the [Division]Department to act as
his deputy or deputies. In the [Administrators]Directors absence or inability to discharge
the powers and duties of his office, the powers and duties devolve upon his
deputy or deputies.

3. Designate persons outside the [Division]Department as game
wardens if, in his opinion, the need for such designations exists.

501.341 The headquarters of the [Division]Department must be
maintained at such a location in the State, and other offices may be
established throughout the State in such number and location, as will, in the
opinion of the [Administrator]Director and the Commission, provide an efficient [divisional]departmental operation.

Sec. 19. NRS 501.343 is hereby amended to
read as follows:

501.343 The [Division]Department may:

1. Collect and disseminate, throughout the State,
information calculated to educate and benefit the people of the State regarding
wildlife and boating, and information pertaining to any program administered by
the [Division.] Department.

2. Publish wildlife journals and other official
publications, for which a specific charge may be made, such charge to be
determined by the Commission, with the proceeds to be deposited in the Wildlife
Account within the State General Fund. No charge may be made for any
publication required by a regulation of the Commission.

Sec. 20. NRS 501.349 is hereby amended to
read as follows:

501.349 Regular employees and others designated by the
[Administrator]Director as game wardens shall enforce all
provisions of this title and of chapter 488 of NRS.

Sec. 21. NRS 501.351 is hereby amended to
read as follows:

501.351 1. The [Administrator]Director may enter
into cooperative or reciprocal agreements with the Federal Government or any
agency thereof, any other state or any agency thereof, any other agency of this
state, any county or other political subdivision of this state, to the extent
permitted by the provisions of chapter 277 of NRS, any public or private
corporation, or any person, in accordance with and for the purpose of carrying
out the policy of the Commission.

2. Such agreements do not relieve any party thereto of
any liability, independent of such agreements, existing under any provision of
law.

Sec. 22. NRS 501.352 is hereby amended to
read as follows:

501.352 The [Administrator]Director shall require
the personnel of the [Division]Department to report to him as soon as
practicable any reasonable suspicion that a communicable disease may be present
in wildlife in Nevada. The [Administrator]Director shall, as soon as possible, inform
the Director of the State Department of Agriculture of any reasonable suspicion
reported to him. Any sample collected by the personnel of the [Division]Department in
evaluating such a suspicion must be forwarded to the Director of the State
Department of Agriculture as soon as practicable.

Sec. 23. NRS 501.354 is hereby amended to
read as follows:

501.354 Except as otherwise provided by specific
statute, the [Division]Department shall receive, deposit and expend
all money provided by law for the administration of this title and of chapter
488 of NRS, pursuant to the authority contained in NRS 501.356 and in
accordance with the Commissions policy.

Sec. 24. NRS 501.356 is hereby amended to
read as follows:

501.356 1. Money received by the [Division]Department from:

(a) The sale of licenses;

(b) Fees pursuant to the provisions of NRS 488.075 and
488.1795;

(c) Remittances from the State Treasurer pursuant to
the provisions of NRS 365.535;

(e) All other sources, except money derived from the
forfeiture of any property described in NRS 501.3857 or money deposited in the
Wildlife Heritage Trust Account pursuant to NRS 501.3575 or in the Trout
Management Account pursuant to NRS 502.327,

must be deposited with the State Treasurer for credit to the
Wildlife Account in the State General Fund.

2. The interest and income earned on the money in the
Wildlife Account, after deducting any applicable charges, must be credited to
the Account.

3. Except as otherwise provided in subsection 4, the [Division]Department may use
money in the Wildlife Account only to carry out the provisions of this title
and chapter 488 of NRS and as provided in NRS 365.535, and the money must not
be diverted to any other use.

4. Except as otherwise provided in NRS 502.250,
502.310 and 504.155, all fees for the sale or issuance of stamps, tags, permits
and licenses that are required to be deposited in the Wildlife Account pursuant
to the provisions of this title must be accounted for separately and may be
used only for the management of wildlife.

Sec. 25. NRS 501.3575 is hereby amended to
read as follows:

501.3575 1. The Wildlife Heritage Trust Account is
hereby created in the State General Fund. The money in the Account must be used
by the [Division]Department as provided in this section for the
protection, propagation, restoration, transplantation, introduction and
management of any game fish, game mammal, game bird or fur-bearing mammal in
this state.

2. Except as otherwise provided in NRS 502.250, money
received by the [Division]Department from:

(a) A bid, auction or partnership in wildlife drawing conducted
pursuant to NRS 502.250; and

(b) A gift of money made by any person to the Wildlife
Heritage Trust Account,

must be deposited with the State Treasurer for credit to the
Account.

3. The interest and income earned on the money in the
Wildlife Heritage Trust Account, after deducting any applicable charges, must
be credited to the Account.

4. The [Division]Department may annually expend from the
Wildlife Heritage Trust Account an amount of money not greater than the
interest earned on the money in the Account during the previous year. The
Commission shall review and approve expenditures from the Account. No money may
be expended from the Account without the prior approval of the Commission.

5. The Commission shall administer the provisions of this
section and may adopt any regulations necessary for that purpose.

Sec. 26. NRS 501.359 is hereby amended to
read as follows:

501.359 1. The Wildlife Imprest Account in the amount
of $15,000 is hereby created for the use of the [Division,]Department, subject
to the following conditions:

(a) The money must be deposited in a bank or credit
union qualified to receive deposits of public money, except that $500 must be
kept in the custody of an employee designated by the [Administrator]Director for immediate
use for purposes set forth in this section.

(b) The Account must be replenished periodically from
the Wildlife Account in the State General Fund upon approval of expenditures as
required by law and submission of vouchers or other documents to indicate
payment as may be prescribed.

2. The Wildlife Imprest Account may be used to pay for
postage, C.O.D. packages, travel or other minor expenses which are proper as
claims for payment from the Wildlife Account in the State General Fund.

3. The Wildlife Imprest Account may be used to provide
money to employees of the [Division]Department for travel expenses and subsistence
allowances arising out of their official duties or employment. All advances
constitute a lien in favor of the [Division]Department upon the
accrued wages of the requesting employee in an amount equal to the money
advanced, but the [Administrator]Director may advance more than the amount of
the accrued wages of the employee. Upon the return of the employee, he is
entitled to receive money for any authorized expenses and subsistence in excess
of the amount advanced.

Sec. 27. NRS 501.361 is hereby amended to
read as follows:

501.361 A Petty Cash Account in the amount of $1,000
for the payment of minor expenses of the [Division]Department is hereby
created. The Account must be kept in the custody of an employee designated by
the [Administrator]Director and must be replenished periodically
from the Wildlife Account in the State General Fund upon approval of
expenditures as required by law and submission of vouchers or other documents
to indicate payment as may be prescribed.

Sec. 28. NRS 501.363 is hereby amended to
read as follows:

501.363 A Change Account in the amount of $3,000 is
hereby created. The Account must be kept in the custody of one or more
employees designated by the [Administrator]Director and used for the making of change
incidental to the business of the [Division.] Department.

Sec. 29. NRS 501.383 is hereby amended to
read as follows:

501.383 It is unlawful for any person maliciously to
tear down, mutilate or destroy any sign, signboard or other notice which has
been erected by the [Division]Department or through an agency of the [Division.] Department.

Sec. 30. NRS 501.385 is hereby amended to
read as follows:

501.385 Except as otherwise provided by specific
statute:

1. Any person who:

(a) Performs an act or attempts to perform an act made
unlawful or prohibited by a provision of this title;

(b) Willfully fails to perform an act required of him
by a provision of this title;

(c) Obstructs, hinders, delays or otherwise interferes
with any officer, employee or agent of the [Division]Department in the
performance of any duty while enforcing or attempting to enforce any provision
of this title;

(d) Violates any order issued or regulation adopted by
the Commission under the provisions of this title; or

(e) Having been granted a privilege or been licensed or
permitted to do any act under the provisions of this title, exercises the
grant, license or permit in a manner other than as specified,

is guilty of a misdemeanor.

2. Every person who is guilty of a misdemeanor under
this title shall be punished by a fine of not less than $50 nor more than $500,
or by imprisonment in the county jail for not more than 6
months, or by both fine and imprisonment.

imprisonment in the county jail for not more than 6 months,
or by both fine and imprisonment.

Sec. 31. NRS 501.3855 is hereby amended to
read as follows:

501.3855 1. In addition to the penalties provided for
the violation of any of the provisions of this title, every person who
unlawfully kills or possesses a big game mammal, bobcat, swan or eagle is
liable for a civil penalty of not less than $250 nor more than $5,000.

2. For the
unlawful killing or possession of fish or wildlife not included
in subsection 1, the court may order the defendant to pay a civil penalty of
not less than $25 nor more than $1,000.

3. For hunting, fishing or trapping without a valid
license, tag or permit, the court may order the defendant to pay a civil
penalty of not less than $50 nor more than $250.

4. Every court, before whom a defendant is convicted
of unlawfully killing or possessing any wildlife, shall order the defendant to
pay the civil penalty in the amount stated in this section for each mammal,
bird or fish unlawfully killed or possessed. The court shall fix the manner and
time of payment.

5. The [Division]Department may attempt to collect all
penalties and installments that are in default in any manner provided by law
for the enforcement of a judgment.

6. Each court that receives money pursuant to the
provisions of this section shall forthwith remit the money to the [Division]Department which
shall deposit the money with the State Treasurer for credit to the Wildlife
Account in the State General Fund.

Sec. 32. NRS 501.389 is hereby amended to
read as follows:

501.389 1. Except for property described in NRS
501.3857, equipment:

(a) Seized as evidence in accordance with NRS 501.375;
and

(b) Not recovered by the owner within 1 year from the
date of seizure,

becomes the property of the [Division.] Department.

2. The [Division]Department shall either sell such equipment in
accordance with the regulations adopted pursuant to subsection 5 of NRS 333.220
or retain such equipment for authorized use by the [Division.]Department. All
money received from such sales must be deposited with the State Treasurer for
credit to the Wildlife Account in the State General Fund.

3. Any person of lawful age and lawfully entitled to
reside in the United States may purchase the equipment, whether a prior owner
or not.

Sec. 33. NRS 501.395 is hereby amended to
read as follows:

501.395 1. The [Division]Department may offer
a reward for one or more classes of wildlife, not to exceed $1,000, for
information leading to the arrest and conviction of any person who unlawfully
kills or possesses wildlife of the class specified. The reward must be paid for
each person so arrested and convicted upon his conviction. The reward must be
distributed equally among the persons who supplied the information which led to
the arrest and conviction.

2. The Commission may adopt such regulations as are
necessary to carry out the provisions of this section.

Sec. 34. NRS 502.012 is hereby amended to
read as follows:

502.012 Upon receipt of a copy of an order of the
juvenile division of a district court, entered pursuant to NRS 62.229, to
revoke the license to hunt of a child, the [Division]
Department shall revoke the license.

of a child, the [Division]Department shall
revoke the license. The revocation of the license to hunt shall be deemed
effective as of the date of the order. The [Division]Department shall
retain the copy of the order.

Sec. 35. NRS 502.015 is hereby amended to
read as follows:

502.015 1. For the purpose of issuing and using
resident licenses, tags or permits pursuant to this chapter, a person is
considered to be a resident of the State of Nevada if:

(a) He is a citizen of, or is lawfully entitled to
remain in, the United States; and

(b) During the 6 months next preceding his application
to the [Division]Department for a license, tag or permit, he:

(1) Was domiciled in this state;

(2) Was physically present in this state, except
for temporary absences; and

(3) Did not purchase or apply for any resident
license, tag or permit to hunt, fish or trap in another state, country or
province.

2. A person who is not domiciled in Nevada but who is
attending an institution of higher learning in this state as a full-time
student is eligible for a resident license, tag or permit if, during the 6
months next preceding his application to the [Division]Department for a
license, tag or permit, he:

(a) Was physically present in Nevada, except for
temporary trips outside of the State; and

(b) Did not purchase or apply for any resident license,
tag or permit to hunt, fish or trap in another state, country or province.

3. A resident license, tag or permit issued by this
state is void if the person to whom it was issued establishes his domicile in
and obtains any privilege or entitlement conditional on residency from another
state, country or province.

Sec. 36. NRS 502.020 is hereby amended to
read as follows:

502.020 The [Division]Department shall
prepare the licenses for hunting, fishing and trapping, and shall deliver such
licenses to agents for sale to the public.

Sec. 37. NRS 502.030 is hereby amended to
read as follows:

502.030 1. Licenses granting the privilege to hunt,
fish or trap as provided in this title must be of such a form as is deemed
necessary by the [Division,]Department, but must include the following
information:

(a) The holders name, address and description.

(b) The date issued.

(c) The period of validity.

(d) The correct designation as to whether a fishing,
hunting or trapping license.

(e) A statement to be signed by the holder: I, the signator
holder in signing this license, hereby state that I am entitled to this license
under the laws of the State of Nevada and that no false statement has been made
by me to obtain this license.

2. The Commission may provide rules and regulations requiring
an applicant to exhibit proof of his identity and residence. Such information
must be included on the license as is deemed necessary by the [Division.] Department.

3. The Commission may provide rules and regulations
establishing a permanent licensing system. Such a system may authorize the use
of applications for the issuance of temporary hunting, fishing and trapping licenses for residents and the issuance of annual licenses
therefrom.

licenses for residents and the issuance of annual licenses
therefrom. The system may provide for the automatic renewal and validation of
the annual license.

4. The Commission may provide regulations covering the
method of applying for, the term and expiration date of any license required by
this title to be issued without the payment of a fee.

Sec. 38. NRS 502.035 is hereby amended to
read as follows:

502.035 Licenses, stamps and permits granting the
privilege to hunt, fish or trap during the open season as provided in this
title must be issued by the [Division,]Department, upon payment of the fees required
under this title.

Sec. 39. NRS 502.040 is hereby amended to
read as follows:

502.040 1. The Commission shall adopt regulations
regarding:

(a) The standards to be met by license agents in the
performance of their duties;

(b) The requirements for the furnishing of surety bonds
by license agents;

(c) The manner of remitting money to the [Division;]Department; and

(d) The manner of accounting for licenses, tags, stamps
and permits received, issued, sold or returned.

A license agents authority may be revoked by the [Division]Department for his
failure to abide by the regulations of the Commission. The agent may appeal to
the Commission for reinstatement.

2. A license agent designated by the [Division]Department is
responsible for the correct issuance of all licenses, tags, stamps and permits
entrusted to him, and, so far as he is able, for ensuring that no licenses are
issued upon the false statement of an applicant. Before issuing any license,
the license agent shall satisfy himself of the identity of the applicant and
the place of his residence, and may require any applicant to present proof of
his identity and residence.

3. A license agent is responsible to the [Division]Department for the
collection of the correct and required fee, for the safeguarding of the money
collected by him, and for the prompt remission to the [Division]Department for
deposit in accordance with NRS 501.356 of all money collected. The [Division]Department shall
furnish to the license agent receipts for all money which he remits to it. A
license agent shall furnish a receipt to the [Division]Department of all
licenses, tags, stamps or permits which he receives from it.

4. For each license, tag, stamp or permit he sells, a
license agent is entitled to receive a service fee of:

(a) One dollar for each license, tag or permit, in
addition to the fee for the license, tag or permit; and

(b) Ten cents for each stamp.

5. Any person authorized to enforce this chapter may
inspect, during the license agents normal business hours, any record or
document of the agent relating to the issuance of any such license, tag or
permit.

6. All money collected by a license agent, except
service fees collected pursuant to subsection 4, is public money of the State
of Nevada, and the State has a prior claim for the amount of money due it upon
all assets of the agent over all creditors, assignees or other claimants. The
use of this money for private or business transactions is a misuse of public
funds and punishable under the laws provided.

502.063 The [Division]Department shall,
upon request of the Welfare Division of the Department of Human Resources,
submit to the Welfare Division the name, address and social security number of
each person who holds a license or permit to hunt, fish or trap that does not
expire less than 6 months after it is issued, or a license to practice
commercial taxidermy, and any pertinent changes in that information.

Sec. 41. NRS 502.070 is hereby amended to
read as follows:

502.070 1. The [Division]Department shall
issue to any member of the Armed Forces of the United States who has been
assigned to permanent duty, as opposed to temporary or casual duty, within the
State of Nevada all necessary hunting or fishing licenses, tags or permits for
fishing, hunting or trapping in the State of Nevada. A like privilege must be
extended to spouses and dependents, under the age of 21, of such members of the
Armed Forces. All such licenses, tags or permits must be issued on the same
terms and conditions and at the same costs as licenses, tags or permits are
issued to Nevada residents, except that the 6 months residence requirement
must be waived.

2. The issuance of all such licenses, tags and permits
must be made by application upon a form provided for that purpose by the [Division.]Department. The
application must include such proof of assignment to permanent duty within the
State of Nevada as may be deemed necessary by the [Division]Department to
determine whether or not an applicant is actually so assigned.

Sec. 42. NRS 502.072 is hereby amended to
read as follows:

502.072 The [Division]Department shall
issue without charge any license authorized under the provisions of this
chapter, upon satisfactory proof of the requisite facts to any bona fide
resident of the State of Nevada who has incurred a service-connected disability
which is considered to be 50 percent or more by the Department of Veterans
Affairs and has received upon severance from service an honorable discharge or
certificate of satisfactory service from the Armed Forces of the United States.

Sec. 43. NRS 502.075 is hereby amended to
read as follows:

502.075 The [Division]Department shall
issue to a blind person, as defined in subsection 4 of NRS 361.085, a hunting
license which:

1. Authorizes a person selected by the blind person to
hunt on his behalf if:

(a) The person selected is a resident of the State of
Nevada and possesses a valid Nevada hunting license; and

(b) The blind person is in the company of or in the
immediate area of the person selected.

2. Is issued pursuant and subject to regulations
prescribed by the Commission.

3. Contains the word Blind printed on the face of
the license.

Sec. 44. NRS 502.077 is hereby amended to
read as follows:

502.077 1. The [Division]Department shall
issue special fishing permits to the administrative head of:

(i) Any facility which provides temporary foster care
for children who are not delinquent; and

(j) Such other public or charitable institutions or
organizations as are designated by regulations adopted by the Commission,

for use only by the members, patients or children of such
institutions or organizations.

2. The permits:

(a) Must be in the possession of the officer or
employee who is supervising a member, patient or child while he is fishing.

(b) Authorize a member, patient or child to fish in a
legal manner if in the company of an officer or employee of one of the
institutions listed in this section, or of an organization provided for by
regulation, if the officer or employee has a valid Nevada fishing license.

(c) Must be issued pursuant and subject to regulations
prescribed by the Commission.

(d) Must contain the words Nevada Special Fishing
Permit and the number of the permit printed on the face of the permit.

(e) May authorize no more than 15 members, patients or
children, respectively, to fish.

3. Each institution or organization shall pay to the [Division]Department an annual
fee of $15 for each permit issued to the institution or organization pursuant
to this section. The [Division]Department shall not issue more than two
permits per year to each institution or organization.

4. It is unlawful for any person other than a member,
patient or child in one of these organizations or institutions to fish with a
permit issued by the [Division]Department pursuant to this section.

Sec. 45. NRS 502.115 is hereby amended to
read as follows:

502.115 1. If the [Division]Department receives
a copy of a court order issued pursuant to NRS 425.540 that provides for the
suspension of all professional, occupational and recreational licenses,
certificates and permits issued to a person who is the holder of a license or
permit to hunt, fish or trap that does not expire less than 6 months after it
is issued, or a license to practice commercial taxidermy, the [Division]Department shall
deem the license or permit issued to that person to be suspended at the end of
the 30th day after the date on which the court order was issued unless the [Division]Department receives
a letter issued to the holder of the license or permit by the district attorney
or other public agency pursuant to NRS 425.550 stating that the holder of the
license or permit has complied with the subpoena or warrant or has satisfied
the arrearage pursuant to NRS 425.560.

2. The [Division]Department shall reinstate a license or permit
to hunt, fish or trap or a license to practice commercial taxidermy that has
been suspended by a district court pursuant to NRS 425.540 if the [Division]Department receives
a letter issued by the district attorney or other public agency pursuant to NRS
425.550 to the person whose license or permit was suspended stating that the
person whose permit or license was suspended has complied with the subpoena or
warrant or has satisfied the arrearage pursuant to NRS 425.560.

502.142 1. The Commission shall adopt regulations to
establish a program pursuant to which the [Division]Department will
issue special incentive elk tags. The regulations must:

(a) Set forth the application and annual review
processes for the issuance of special incentive elk tags.

(b) Require that an application for a special incentive
elk tag must be accompanied by:

(1) The fee charged for an elk tag pursuant to
NRS 502.250; and

(2) Any administrative fee charged in connection
with the issuance of an elk tag pursuant to this chapter.

(c) Provide for the issuance of a special incentive elk
tag only to a person who:

(1) Lawfully owns, leases or manages private
land within an actual elk use area; and

(2) If that private land blocks reasonable
access to adjacent public land, provides reasonable access through the private
land to allow a person or hunting party possessing a valid elk tag to hunt elk
on the adjacent public land.

(d) Establish criteria for the issuance of special
incentive elk tags based upon:

(1) The number of elk using private land
controlled by the applicant;

(2) The number of days the elk use private lands
of the applicant in a calendar year;

(3) The total number of elk; and

(4) Limiting the number of special incentive elk
tags issued in each calendar year to not more than one-half of the bull elk
tags issued in that calendar year,

within the actual elk use area in the unit or units of the
management area or areas in which the private land is located.

(e) Provide that special incentive elk tags are valid
for both sexes of elk.

(f) Prohibit a person who has, within a particular
calendar year, applied for or received compensation pursuant to NRS 504.165 as reimbursement
for damage caused by elk to private land from applying, within the same
calendar year, for a special incentive elk tag for the same private land.

(g) Allow a group of owners, lessees and managers of
private land to qualify for a special incentive elk tag for their combined
lands.

(h) Ensure that the issuance of special incentive elk
tags will not result in the number of bull elk tags issued in any year being
reduced to a number below the quota for bull elk tags established by the
Commission for 1997.

(i) Provide that a person to whom a special incentive
elk tag is issued by the Commission pursuant to this section may:

(1) If he holds a valid hunting license issued
by this state, use the special incentive elk tag himself; or

(2) Sell the special incentive elk tag to
another person who holds a valid hunting license issued by this state at any
price upon which the parties mutually agree.

(j) Require that a person who is issued a special
incentive elk tag must hunt:

(1) During the open season for elk.

(2) In the unit or units within the management
area or areas in which the private land is located.

(k) Provide for the appointment of an arbitration panel
to resolve disputes between persons who apply for special incentive elk tags
and the [Division]Department regarding the issuance of such
tags.

2. As used in this section, actual elk use area
means an area in which elk live, as identified and designated by the [Division.] Department.

Sec. 47. NRS 502.143 is hereby amended to
read as follows:

502.143 1. The Commission may adopt regulations
establishing a program pursuant to which the [Division]Department may issue
special incentive deer tags to owners, lessees and managers of private land in
this state for use on the private land of such owners, lessees or managers.

2. The regulations must:

(a) Require that the owner, lessee or manager who is
lawfully in control of private land must, before he is issued a special
incentive deer tag:

(1) Allow the hunting and viewing of wildlife on
his land by the general public; or

(2) Enter into a cooperative agreement with the [Division]Department to improve
deer or other wildlife habitat on his land.

(b) Allow the owner, lessee or manager to sell any
special incentive deer tag that he is issued pursuant to the program.

Sec. 48. NRS 502.145 is hereby amended to
read as follows:

502.145 1. An owner, lessee or manager of private
land in this state may apply to the [Division]Department for the
issuance to him of one or more deer or antelope tags as provided in this
section. The tags must be issued as compensation for damage caused by deer or
antelope to the private land or to any improvements thereon.

2. An application made pursuant to this section must:

(a) Be made in the form prescribed by the [Division;] Department;

(b) Establish to the satisfaction of the [Division]Department that the
applicant has sustained damage of the kind described in subsection 1; and

(c) Be accompanied by the fee charged for the tags
pursuant to NRS 502.250 and any fee charged for administrative costs.

3. The [Division]Department shall review the application, may
conduct any investigation it deems appropriate and, if it approves the
application, shall issue to the applicant not more than one tag for each 50
animals present on the private land owned, leased or managed by the applicant.
Both deer and antelope tags may be issued to an applicant.

4. A tag issued as compensation for damage pursuant to
this section:

(a) May be used by the owner, lessee or manager of the
private land if he holds a valid Nevada hunting license, or may be sold by that
person to any holder of a valid Nevada hunting license at any price mutually
agreed upon;

(b) Except as otherwise provided in subparagraph (2) of
paragraph (c) ,[of
this subsection,] must be used on the private land or in
the unit or units within the management area or areas in which the private land
is located; and

(c) May only be used during:

(1) The open season for the species for which
the tag is issued; or

(2) A special season prescribed by regulation of
the Commission for the use of such tags only on the private land.

5. As a condition of receiving a tag from the [Division]Department pursuant
to this section, an owner, lessee or manager who is lawfully in control of
private land that blocks access to adjacent public land must provide access to
the public land during the hunting season to a person or hunting party with a
tag for the purpose of hunting on the public land.

6. Insofar as they are consistent with this section,
the provisions of this title and of the regulations adopted by the Commission
apply to the issuance and use of tags pursuant to this section. The Commission:

(a) Shall by regulation establish the maximum number of
tags which may be issued annually by the [Division]Department pursuant
to this section, which must not exceed 1.5 percent of the total number of deer
and antelope tags which are authorized for issuance annually throughout the
State; and

(b) May adopt any other regulations it deems necessary
to carry out the provisions of this section.

7. The [Administrator]Director shall, not later than the fifth
calendar day of each regular session of the Legislature, submit to the Director
of the Legislative Counsel Bureau for distribution to the Legislature a report
summarizing the activities of the [Division]Department taken
pursuant to the provisions of this section during the preceding biennium,
including any problems associated with the issuance and use of tags authorized
by this section and any recommendations for correcting those problems.

Sec. 49. NRS 502.147 is hereby amended to
read as follows:

502.147 1. The [Division]Department shall
make available restricted nonresident deer tags in an amount not to exceed the
amount set forth in this section. If the number of persons who apply for
restricted nonresident deer tags is greater than the number of tags to be
issued, the [Division]Department shall conduct a drawing to
determine the persons to whom to issue the tags.

2. The number of restricted nonresident deer tags
must:

(a) Be subtracted from the quota of rifle deer tags for
nonresidents; and

(b) Not exceed 16 percent of the deer tags issued to
nonresidents during the previous year or 400 tags, whichever is greater.

3. The number of restricted nonresident deer tags
issued for any management area or unit must not exceed 37.5 percent, rounded to
the nearest whole number, of the rifle deer tags issued to nonresidents during
the previous year for that management area or unit.

4. The [Division]Department shall mail the tags to the
successful applicants.

Sec. 50. NRS 502.148 is hereby amended to
read as follows:

502.148 1. Except as otherwise provided in this
subsection, any person who wishes to apply for a restricted nonresident deer
tag pursuant to NRS 502.147 must complete an application on a form prescribed
and furnished by the [Division.]Department. A licensed master guide may
complete the application for an applicant. The application must be signed by
the applicant and the master guide who will be responsible for conducting the
restricted nonresident deer hunt.

2. The application must be accompanied by a fee for
the tag of $300, plus any other fees which the [Division]Department may require.
The Commission shall establish the time limits and acceptable methods for
submitting such applications to the [Division.] Department.

3. Any application for a restricted nonresident deer
tag which contains an error or omission must be rejected and the fee for the
tag returned to the applicant.

4. A person who is issued a restricted nonresident
deer tag is not eligible to apply for any other deer tag issued in this state
for the same hunting season as that restricted nonresident deer hunt.

5. All fees collected pursuant to this section must be
deposited with the State Treasurer for credit to the Wildlife Account in the
State General Fund.

Sec. 51. NRS 502.160 is hereby amended to
read as follows:

502.160 1. The [Division]Department shall
designate the form of the tag, requiring such numbering or other manner of
identification as is necessary to designate the name or hunting license number
of the person to whom it is issued. Each tag must show the game for which it
may be used, the year[,]
and, whenever necessary, the management area in which it may be used.

2. The Commission may adopt any regulations necessary
relative to the manner of qualifying and applying for, using, completing,
attaching, filling out, punching, inspecting, validating or reporting such
tags. It is unlawful for any person to fail to abide by any such regulation.

Sec. 52. NRS 502.175 is hereby amended to
read as follows:

502.175 1. The [Division]Department shall
contract with a private entity to conduct a drawing and to award and issue the
tags for a special season. The drawing must be conducted using a computer
program that awards tags based on a random order of selection. The contract
must provide for the acquisition by the [Division]Department of the
ownership of the computer program at the end of the term of the contract. The [Division]Department shall
solicit bids for the contract pursuant to the provisions of chapter 333 of NRS.

2. The [Division]Department shall:

(a) Provide to the private entity to whom a contract is
awarded pursuant to the provisions of subsection 1 any applications for tags,
documents or other information required by the private entity to conduct the
drawing; and

(b) Otherwise cooperate with the private entity in
conducting the drawing.

3. As soon as practicable after the drawing is
completed, the private entity shall submit the results of the drawing to the [Division.] Department.

4. If no private entity qualifies for the awarding of
the contract specified in subsection 1, the [Division]Department shall
conduct a drawing to award tags for a special season in the manner set forth in
the regulations adopted by the Commission pursuant to the provisions of
subsection 5.

5. The Commission shall adopt regulations necessary to
carry out the provisions of this section, including regulations that prescribe
the manner in which the [Division]Department must conduct a drawing specified in
subsection 1 if no private entity qualifies for the awarding of the contract.

Sec. 53. NRS 502.210 is hereby amended to
read as follows:

502.210 A duplicate tag may not be issued except as
follows:

1. Upon receiving an affidavit of an applicant that a
tag previously issued has been lost or destroyed and upon payment of a fee of
$5, the [Division]Department shall issue a duplicate tag to the
applicant.

2. Upon receiving an affidavit of an applicant that he
has not received the tag for which he applied and paid the required fee, the [Division]Department may, not
earlier than 7 days after the date on which the tag was mailed, issue a
duplicate tag to the applicant upon payment of a fee of $5.

The provisions of this section do not affect the issuance of
a replacement tag pursuant to NRS 502.215.

502.215 1. If any person who possesses a tag to hunt
a big game mammal kills an animal that is believed to be diseased and unfit for
human consumption, he shall place his tag on the carcass in the manner provided
by law or regulation and provide the whole carcass for inspection by an
authorized representative of the [Division]Department or, at his own
expense, by a veterinarian licensed to practice in Nevada. Except as otherwise
provided in this subsection, the holder of the tag who provides the carcass for
such an inspection is entitled, if the carcass is diseased and unfit for human
consumption, to receive at no charge another tag as a replacement for the one
he placed on the carcass pursuant to this subsection. The holder shall choose
whether the replacement tag is to be issued for the current hunting season or
for the next similar season in the following year. If the holder chooses to
retain the head, antlers, carcass, horns or hide of the animal, and the
authorized representative of the [Division]Department approves the
retention, the holder shall be deemed to waive any claim he may have had for
the issuance of a replacement tag.

2. A replacement tag issued pursuant to subsection 1
for the current hunting season is valid for:

(a) The entire remaining portion of the season for
which the original tag was issued; or

(b) If the original tag was issued for a period of a
split season, the entire remaining portion of the period for which the original
tag was issued or the entire following period, if any.

3. A replacement tag issued pursuant to subsection 1
must be:

(a) Issued for the same unit for which the original tag
was issued.

(b) Used in the same manner as or pursuant to the same
conditions or restrictions applicable to the original tag.

4. The Commission shall adopt by regulation:

(a) A procedure for the inspection and verification of
the condition of such a carcass;

(b) Requirements for the disposal of such a carcass if
it is determined to be diseased and unfit for human consumption;

(c) Requirements for the disposition of the hide and
the antlers or horns of the animal; and

(d) Except as otherwise provided in subsection 2, a
procedure for the issuance of a replacement tag pursuant to this section.

5. For the purposes of this section, split season
means a season which is divided into two or more periods.

Sec. 55. NRS 502.230 is hereby amended to
read as follows:

502.230 1. A nonresident deer tag for regular season
may be issued to any nonresident of this state or to the immediate members of
such nonresidents family, as a bona fide owner of land within this state, for
the privilege to hunt upon that land to which he has title, if not less than 75
percent of all land belonging to him in the State of Nevada and upon which he
proposes to hunt is open to the public for hunting.

2. Such nonresident may hunt deer during the same
periods and subject to the same limitations as may be allowed or imposed upon
residents of Nevada in connection with such hunting if such nonresident has
first obtained a nonresident hunting license.

3. A nonresident deer tag for the regular season may
be issued by the [Division]Department only upon proof of the applicants
title to certain lands within this state.

lands within this state. The Commission shall adopt and
promulgate regulations establishing requirements for obtaining tags, including
a determination that the land proposed for hunting is deer habitat.

4. Such nonresident deer tag for the regular season
may be issued only upon payment of the regular nonresident fee and is valid for
use only on the land owned and described, and such nonresident deer tag for the
regular season must indicate nonresident landowner.

1. To any person who has not attained his 16th
birthday and who has been a bona fide resident of the State of Nevada for 6
months immediately preceding his application for a license, upon payment of $5
for an annual trapping license.

2. Except as otherwise provided in NRS 502.245 and 504.390,
to any person who has attained his 16th birthday and who has been a bona fide
resident of the State of Nevada for 6 months immediately preceding his
application for a license, upon the payment of:

For a fishing license.................................................................................. $20

For a 1-day permit to fish............................................................................ 6

For each consecutive day added to a
1-day permit to fish................... 2

For a hunting license................................................................................... 23

For a combined hunting and fishing
license........................................... 38

For a trapping license.................................................................................. 30

For a fur dealers license............................................................................ 50

For an annual subguides license.............................................................. 75

3. To any person who has attained his 12th birthday
but who has not attained his 16th birthday, and who is not a bona fide resident
of the State of Nevada, upon the payment of $8 for an annual fishing license,
except for a fishing license to fish in the reciprocal waters of the Colorado
River, Lake Mead and Lake Mohave, which annual license must cost a sum agreed
upon by the Commission and the Arizona Game and Fish Commission, but not to
exceed $30.

4. Except as otherwise provided in subsection 3, to
any person who is not a bona fide resident of the State of Nevada, upon the
payment of:

For a fishing
license, except for a fishing license to fish in the reciprocal waters of the
Colorado River, Lake Mead and Lake Mohave, which license must cost a sum agreed
upon by the Commission and the Arizona Game and Fish Commission, but not to
exceed $30............................................... $50

For a 1-day permit to
fish.......................................................................... 11

For each consecutive
day added to a 1-day permit to fish................... 4

For a hunting license................................................................................. 110

For an annual
trappers license.............................................................. 150

For a fur dealers
license.......................................................................... 100

For each consecutive
day added to a 1-day permit to hunt upland game and waterfowl $5

5. To any person, without regard to residence, upon
the payment of:

For a noncommercial
license for the possession of live wildlife......... $5

For a commercial or
private shooting preserve................................... 100

For a commercial
license for the possession of live wildlife.............. 100

For a live bait
dealers permit.................................................................... 35

For a competitive
field trials permit......................................................... 25

For a permit to train
dogs or falcons.......................................................... 5

For a 1-year falconry
license..................................................................... 30

For a 3-year falconry
license..................................................................... 75

For an importation
permit............................................................................ 5

For an import
eligibility permit.................................................................. 25

For an exportation
permit............................................................................ 5

For any other special
permit issued by the [Division,]Department,a fee not to exceed
$100 set by the Commission.

Sec. 57. NRS 502.245 is hereby amended to
read as follows:

502.245 1. The [Division]Department shall
issue any hunting or fishing license or combined hunting and fishing license
authorized under the provisions of this chapter, upon proof satisfactory of the
requisite facts and payment of the applicable fee, to any person who has
resided in this state:

(a) For the 6-month period immediately preceding the
date of his application for a license and:

(1) Has a severe physical disability; or

(2) Has attained his 12th birthday but has not
attained his 16th birthday; or

(b) Continuously for 5 years immediately preceding the
date of this application for a license and is 65 years of age or older.

2. Other resident big game tags for special seasons
must not exceed $50. Other nonresident big game tags for special seasons must
not exceed $1,000.

3. Tags determined to be necessary by the Commission
for other species pursuant to NRS 502.130 must not exceed $100.

4. A fee not to exceed $10 may be charged for
processing an application for a tag other than an elk tag. A fee of not less
than $5 but not more than $15 must be charged for processing an application for
an elk tag, $5 of which must be deposited with the State Treasurer for credit
to the Wildlife Account in the State General Fund and used for the prevention
and mitigation of damage caused by elk or game mammals not native to this
state.

5. The Commission may accept sealed bids for or
auction not more than 15 big game tags and not more than 5 wild turkey tags
each year. To reimburse the [Division]Department for the cost of managing wildlife
and administering and conducting the bid or auction, not more than 18 percent
of the total amount of money received from the bid or auction may be deposited
with the State Treasurer for credit to the Wildlife Account in the State
General Fund. Any amount of money received from the bid or auction that is not
so deposited must be deposited with the State Treasurer for credit to the
Wildlife Heritage Trust Account in the State General Fund in accordance with
the provisions of NRS 501.3575.

6. The Commission may by regulation establish an
additional drawing for big game tags, which may be entitled the Partnership in
Wildlife Drawing. To reimburse the [Division]Department for the
cost of managing wildlife and administering and conducting the drawing, not
more than 18 percent of the total amount of money received from the drawing may
be deposited with the State Treasurer for credit to the Wildlife Account in the
State General Fund. Except as otherwise provided by regulations adopted by the
Commission pursuant to subsection 7, the money received by the [Division]Department from
applicants in the drawing who are not awarded big game tags must be deposited
with the State Treasurer for credit to the Wildlife Heritage Trust Account in
accordance with the provisions of NRS 501.3575.

7. The Commission may adopt regulations which
authorize the return of all or a portion of any fee collected from a person
pursuant to the provisions of this section.

Sec. 59. NRS 502.253 is hereby amended to
read as follows:

502.253 1. In addition to any fee charged and
collected pursuant to NRS 502.250, a fee of $3 must be charged for processing
each application for a game tag, the revenue from which must be accounted for
separately, deposited with the State Treasurer for credit to the Wildlife
Account in the State General Fund and used by the [Division]Department for costs
related to:

(a) Programs for the management and control of
injurious predatory wildlife;

(b) Wildlife management activities relating to the
protection of nonpredatory game animals, sensitive wildlife species and related
wildlife habitat;

(c) Conducting research, as needed, to determine
successful techniques for managing and controlling predatory wildlife,
including studies necessary to ensure effective programs
for the management and control of injurious predatory wildlife; and

to ensure effective programs for the management and control
of injurious predatory wildlife; and

(d) Programs for the education of the general public
concerning the management and control of predatory wildlife.

2. The [Division]Department of Wildlife is hereby authorized to
expend a portion of the money collected pursuant to subsection 1 to enable the
State Department of Agriculture to develop and carry out the programs described
in subsection 1.

3. The money in the Wildlife Account remains in the
Account and does not revert to the State General Fund at the end of any fiscal
year.

Sec. 60. NRS 502.255 is hereby amended to
read as follows:

502.255 The [Division]Department shall
account separately for the money received from fees for processing applications
for tags and, except as otherwise provided in NRS 502.253, use that money only
for all of the [Divisions]Departments direct and indirect costs
associated with the system of applications and drawings for, and the issuance
of, tags.

Sec. 61. NRS 502.300 is hereby amended to
read as follows:

502.300 1. Except as otherwise provided in subsection
2, it is unlawful for any person to hunt any migratory game bird, except
jacksnipe, coot, gallinule, western mourning dove, white-winged dove and
band-tailed pigeon, unless at the time he is hunting he carries on his person:

(a) An unexpired state duck stamp validated by his
signature in ink across the face of the stamp; or

(b) Such documentation as the [Division]Department provides
via the Internet as proof that he has paid to the [Division,]Department, for the
licensing period that includes the time he is hunting, the same fee as that
required pursuant to subsection 3 for the purchase of an unexpired state duck
stamp for that period.

2. The provisions of subsection 1 do not apply to a
person who:

(a) Is under the age of 12 years; or

(b) Is 65 years of age or older.

3. Unexpired duck stamps must be sold for a fee of not
more than $5 each by the [Division]Department and by persons authorized by the [Division]Department to sell
hunting licenses. The Commission shall establish the price to be charged by the
[Division]Department or agents of the [Division]Department for
expired duck stamps, and the fee for unexpired duck stamps within the limit
provided.

4. The [Division]Department shall determine the form of the
stamps.

Sec. 62. NRS 502.310 is hereby amended to
read as follows:

502.310 All money received pursuant to NRS 502.300
must be deposited with the State Treasurer for credit to the Wildlife Account
in the State General Fund. The [Division]Department shall maintain separate accounting
records for the receipt and expenditure of that money. An amount not to exceed
10 percent of that money may be used to reimburse the [Division]Department for the
cost of administering the state duck stamp programs. This amount is in addition
to compensation allowed persons authorized to issue and sell licenses.

Sec. 63. NRS 502.322 is hereby amended to
read as follows:

502.322 1. Before the [Division]Department may
undertake any project using money received pursuant to NRS 502.300, it shall
analyze the project and provide the Commission with recommendations as to the
need for the project and its feasibility.

2. Money received pursuant to NRS 502.300 must be used
for projects approved by the Commission for the protection and propagation of
migratory game birds, and for the acquisition, development and preservation of
wetlands in Nevada.

Sec. 64. NRS 502.324 is hereby amended to
read as follows:

502.324 The [Division]Department shall,
not later than the [5th]fifth calendar day of each regular session of
the Legislature, submit to [it]the Legislature a report summarizing any
projects undertaken, receipt and expenditure of money , and public benefits achieved by the program
for the sale of state duck stamps.

Sec. 65. NRS 502.326 is hereby amended to
read as follows:

502.326 1. Except as otherwise provided in subsection
2, it is unlawful for any person to take or possess trout unless at the time he
is fishing he carries on his person:

(a) An unexpired state trout stamp affixed to his
fishing license and validated by his signature in ink across the face of the
stamp; or

(b) Such documentation as the [Division]Department provides
via the Internet as proof that he has paid to the [Division,]Department, for the
licensing period that includes the time he is fishing, the same fee as that
required pursuant to subsection 3 for the purchase of a state trout stamp for
that period.

2. The provisions of subsection 1 do not apply to a
person who:

(a) Is under the age of 12; or

(b) Is fishing:

(1) Under the authority of a valid 1-day permit
to fish or during a consecutive day validly added to that permit; or

(2) In accordance with regulations adopted by
the Commission pursuant to subparagraph (2) of paragraph (e) of subsection 1 of
NRS 502.010.

3. State trout stamps must be sold for a fee of $10
each by the [Division]Department and by persons authorized by the [Division]Department to sell
hunting, fishing and trapping licenses.

4. The [Division]Department shall determine the form of the
stamps.

Sec. 66. NRS 502.327 is hereby amended to
read as follows:

502.327 1. All money received pursuant to NRS 502.326
must be deposited with the State Treasurer for credit to the Trout Management
Account, which is hereby established in the State General Fund.

2. The interest and income earned on the money in the
Trout Management Account, after deducting any applicable charges, must be
credited to the Account.

3. The [Division]Department shall:

(a) Maintain separate accounting records for the
receipt of money pursuant to NRS 502.326 and the expenditure of that money.

(b) Administer the Trout Management Account. The [Division]Department may use
money in the Account only for the protection, propagation and management of
trout in this state and for any bonded indebtedness incurred therefor.

Sec. 67. NRS 502.330 is hereby amended to
read as follows:

502.330 1. No hunting license may be obtained by any
person born after January 1, 1960, unless he presents to the [Division,]Department, or one
of its authorized licensing agents:

(a) A certificate of successful completion of a course
of instruction in the responsibilities of hunters as provided by NRS 502.340;

(b) An equivalent certificate of completion of a course
in the responsibilities of hunters provided by a state or an agency of a
Canadian province for the management of wildlife; or

(c) A hunting license issued to him in a previous year
by the [Division,]Department, a state or an agency of a Canadian
province, which bears a number or other unique mark evidencing successful
completion of a course of instruction in the responsibilities of hunters.

2. Any person who has been convicted of violating NRS
503.165 or 503.175 may not obtain a hunting license until he has successfully
completed a course in the responsibilities of hunters conducted pursuant to NRS
502.340.

Sec. 68. NRS 502.340 is hereby amended to
read as follows:

502.340 The [Division]Department shall
certify instructors who will, with the cooperation of the [Division,]Department, provide
instruction in the responsibilities of hunters established by the [Division]Department to all
eligible persons who, upon the successful completion of the course, must be
issued a certificate. Persons who are disqualified from obtaining a hunting
license, pursuant to NRS 502.330, are eligible for the course.

Sec. 69. NRS 502.370 is hereby amended to
read as follows:

502.370 1. A license to practice taxidermy is
required before any person may perform taxidermal services for others on any
wildlife or their parts, nests or eggs.

2. Annual licenses for the term of 1 year from July 1
to June 30 must be issued by the [Division]Department for the
following fees:

3. Any person who wishes to obtain a license to
practice taxidermy must apply for the license on an application form provided
by the [Division.]Department. The applicant must provide such
information on the form as the Commission may require by regulation.

4. The Commission may adopt regulations governing the
licensing of taxidermists and the practice of taxidermy, including:

(a) The receipt, possession, transportation,
identification, purchase and sale of wildlife or parts thereof to be or which
have been processed by a taxidermist;

(b) The maintenance and submission of written records;
and

(c) Any other matter concerning the practice, conduct
and operating procedures of taxidermists as the Commission may deem necessary.

5. A person who is authorized to enforce the
provisions of this title may enter the facilities of a licensee at any
reasonable hour and inspect his operations and records.

6. If a licensee is convicted of a violation of any
provision of this title or the regulations adopted by the Commission, the
Commission may revoke his license and may refuse to issue another license to
him for a period not to exceed 5 years.

7. The provisions of this section do not apply to
institutions of learning of this state or of the United States, or to research
activities conducted exclusively for scientific purposes,
or for the advancement of agriculture, biology or any of the sciences.

exclusively for scientific purposes, or for the advancement
of agriculture, biology or any of the sciences.

Sec. 70. NRS 502.390 is hereby amended to
read as follows:

502.390 1. Any:

(a) Person who develops or maintains an artificial or
man-made body of water, other than a body of water maintained for agricultural
or recreational purposes, containing chemicals or substances in quantities
which, with the normal use of the body of water, causes or will cause the death
of any wildlife; or

(b) Operator of a mining operation which develops or
maintains an artificial body of water containing chemicals directly associated
with the processing of ore,

must first obtain a permit from the [Division]Department authorizing
the development or maintenance of the body of water.

2. Within 30 working days after receiving an
application for a permit, the [Division]Department shall issue the permit or deny the
application and list the reasons for denial. An applicant may appeal the denial
of a permit to the Commission. A permit may be valid for up to 5 years. The
Commission may establish a fee for a permit of not more than $100 per year.

3. Upon the transfer of ownership of any artificial or
man-made body of water as to which a permit issued pursuant to this section is
in force at the time of the transfer, the permit remains in effect for 30 days
after the transfer of ownership.

4. A person holding a permit issued pursuant to this
section shall, in addition to the fee for the permit, pay to the [Division]Department an
assessment. The amount of the assessment must be determined pursuant to
regulations adopted by the Commission. The assessment must be no more than
$10,000 per year for each permit.

5. Any person who fails to obtain a permit or pay an
assessment as required by this section and the regulations adopted pursuant
thereto or who fails to comply with the provisions of a permit is guilty of a
misdemeanor for the first offense and a gross misdemeanor for any subsequent
offense.

6. As used in this section:

(a) Mining operation means any activity conducted in
this state by a person on or beneath the surface of land for the purpose of, or
in connection with, the development or extraction of any mineral.

(b) Operator means any person who owns, controls or
manages a mining operation.

Sec. 71. NRS 503.005 is hereby amended to
read as follows:

503.005 1. Except as otherwise provided in subsection
2, a person shall not kill or attempt to kill any birds or animals while flying
in an aircraft.

2. The Commission may promulgate rules and regulations
whereby the [Division]Department may issue permits authorizing the
hunting, killing or nonlethal control of coyotes, bobcats or ravens from an
aircraft.

3. Every person who willfully violates the provisions
of subsection 1 is guilty of a misdemeanor.

Sec. 72. NRS 503.035 is hereby amended to
read as follows:

503.035 1. Meat or game processor as used in this
section means any person, firm or corporation that receives any game for the
purpose of processing or storage or for the purposes of processing and storage.

2. Any meat or game processor who receives any game
for the purpose of processing or storage may, within 90 days after the receipt
thereof, if such game remains in the possession of such meat or game processor,
dispose of such game to the [Division]Department if the owner of such game has not
paid such meat or game processor for the processing or storage thereof.

3. The [Division]Department shall distribute such game to
public charities on a fair and equitable basis.

4. No action may be commenced against such meat or
game processor by the owner of such game after such game has been delivered to
the [Division]Department under the provisions of this
section.

5. Nothing in this section deprives a meat or game
processor of any remedy at law available to a creditor against a debtor for the
recovery of any money or other legal consideration owing from the owner of the
game to the meat or game processor for such processing or storage.

Sec. 73. NRS 503.040 is hereby amended to
read as follows:

503.040 1. Except as otherwise provided in this
section, it is unlawful for any person at any time to transport or offer for
transportation to any place within or outside of this state any game mammal,
raw furs, wild mammal taken by trapping, game bird or game fish taken within this
state.

2. Any person who has legally taken any game mammal,
raw furs, wild mammal taken by trapping, game bird or game fish within this
state may use his hunting license, trapping license or fishing license or tag
or stamp, when required, as a permit to transport one possession limit to
points within or outside the State.

3. Any person who legally acquires ownership or
custody of any game mammal, raw furs, wild mammal taken by trapping, game bird
or game fish not taken by him through hunting, trapping or fishing may
transport such mammal, furs, bird or fish within the State without a
transportation permit if such shipment does not exceed one possession limit and
if such shipment is labeled with the name, address, number and class of license
of the hunter, trapper or fisherman who legally took such mammal, furs, bird or
fish and date taken, if the mammal, furs, bird or fish is not required by law
or regulation to be tagged. Unless otherwise permitted by a regulation of the
Commission, when tagged shipments are involved, a transportation permit is
required as provided in this section.

4. Any other person who desires to transport any game
mammal, raw furs, wild mammal taken by trapping, game fish or game bird to a
point within or without the State may do so only under the authority of a
transportation permit as provided in this section.

5. The [Division]Department shall designate the form of the
transportation permit and such permits may be issued for a fee of $1 by any
game warden or other such persons as may be specifically designated by the [Division.]Department. The
person legally in possession of the game mammals, raw furs, wild mammals taken
by trapping, game birds or game fish to be transported must appear before the
issuing agent to obtain a transportation permit. The permit must describe the
wildlife to be transported and identify by name, address, license number and
class the person who legally took the furs or wildlife and by name and address
the person transporting it. Whenever raw furs or wildlife is to be transported
by the postal service or by common carrier, freight or express agency, such an
agency may be designated by name alone.

6. Game mammals, raw furs, wild mammals taken by
trapping, game birds or game fish transported to another person shall be deemed
to be in the legal possession of the person making shipment until actual
delivery is made.

7. Any package or container in which game birds, raw
furs, wild mammals taken by trapping, game mammals or game fish are being
transported by common carrier must have the name and address of the shipper and
of the consignee and an accurate statement of the number and kinds of game
birds, raw furs, wild mammals taken by trapping, game mammals or game fish
contained therein attached to the outside thereof.

8. The Commission may limit the number of shipments by
any one person in any one season of any kind of game bird, game mammal or game
fish.

Sec. 74. NRS 503.185 is hereby amended to
read as follows:

503.185 1. Every person involved in a hunting
accident where damage to property results, or which involves the injury of or
death to another person, shall file a report of the accident with the [Division]Department within 30
days after the accident. The report must be on the form prescribed by the [Division.] Department.

2. The [Division]Department shall revoke any hunting license
held by a person convicted of violating NRS 503.165 or 503.175, if the
violation results in an injury to or the death of another person. The [Division]Department shall not
issue another such license to the person sooner than 2 years after the
revocation.

Sec. 75. NRS 503.200 is hereby amended to
read as follows:

503.200 1. The [Division]Department is
empowered to authorize, under permit and for such fee as may be provided in NRS
502.240, competitive field trials for hunting dogs or competitive field trials
for falconry. The Commission shall prescribe the rules and regulations to be
followed by those in charge of such trials insofar as conduct of the field
trials has any effect or bearing upon wildlife and the laws of this state
respecting closed and open seasons.

2. For the purpose of permitting such field trials , the [Division]Department may
authorize shooting of legally acquired upland game birds during any closed
season on the species of bird or birds to be hunted.

3. All legally acquired upland game birds used in a
field trial or for the purpose of training hunting dogs and for falconry
training must be banded with legbands by the person in charge of such field
trial or training. Such birds may only be released in an area first approved by
the [Division,]Department, after which the [Division]Department shall
authorize, under permit and under such rules and regulations as the Commission
may prescribe, the releasing of such legally acquired upland game birds for the
foregoing purposes.

4. All birds killed under the provisions of this
section must be accompanied by a receipt, giving the permit number, the date,
the name of the person in possession, and signed by the permit holder. Birds
killed and accompanied by a receipt under the provisions of this section may be
legally possessed.

Sec. 76. NRS 503.290 is hereby amended to
read as follows:

503.290 1. Except as otherwise provided in subsection
2, it is unlawful for any person to fish in or from any of the waters of the
State of Nevada for any fish of any species in any manner other than with hook
and line attached to a rod or reel closely attended in the manner known as angling.

angling. Only one combination of hook, line and rod must be
used by one person at any time, except that a second combination of hook, line
and rod may be used by a person if the person:

(a) Purchases from the [Division]Department or a
license agent of the [Division]Department a stamp or permit for a second rod;

(b) Uses the rod in the manner prescribed in this
section; and

(c) Has in his possession a valid fishing license,
combined hunting and fishing license or permit to fish issued to him by the [Division.] Department.

The fee for the stamp or permit is $10, and is valid only for
the period for which it is issued.

2. The Commission may by regulation authorize other
methods for taking fish. Frogs may be taken by spear, bow and arrow, hook and
line or by other methods authorized by the Commissions regulation.

3. For the purposes of this section, hook includes
not more than three baited hooks, not more than three fly hooks or not more
than two plugs or similar lures. No more than two such plugs or lures,
irrespective of the number of hooks or attractor blades attached thereto, may
be attached to the line.

Sec. 77. NRS 503.310 is hereby amended to
read as follows:

503.310 1. The Commission may regulate or prohibit
the use of live bait in fishing so that no undesirable species are introduced
into the public waters of this state.

2. Any person engaged in the sale of live bait must
first obtain a permit from the [Division]Department for the fee provided in NRS
502.240. The permit may be revoked for any violation of regulations.

3. The Commission may prescribe the species which may
be held or sold by the permittee.

Sec. 78. NRS 503.360 is hereby amended to
read as follows:

503.360 1. It is unlawful for any person at any time
to fish from any state hatchery, or from any waters set aside or used for the
purpose of rearing or growing fish for transplanting by the State.

2. Nothing in this section prohibits employees of the [Division]Department from
handling, at any time, all such fish, as may be required in the propagation,
care and distribution of the fish.

Sec. 79. NRS 503.380 is hereby amended to
read as follows:

503.380 The [Division]Department may take
or permit the commercial taking of unprotected wildlife in any manner approved
by the Commission. The Commission may fix a price to be paid for wildlife so
taken. Unprotected wildlife taken under this authorization may be sold.

Sec. 80. NRS 503.400 is hereby amended to
read as follows:

503.400 1. Every person who has erected, or who may
hereafter erect, any dams, water weirs or other obstructions to the free
passage of fish in the rivers, streams, lakes or other waters of the State of
Nevada shall construct and keep in repair , to the satisfaction of the [Division]Department, fishways
or fish ladders at all such dams, water weirs or other obstructions so that at
all seasons of the year fish may ascend above such dams, water weirs or other
obstructions to deposit their spawn.

2. Every person so placing, controlling or owning any
such obstruction who fails to comply with the provisions of this section after
having been notified in writing so to do by the [Division,]Department, and
every person who at any time willfully or knowingly
destroys, injures or obstructs any fishway or fish ladder which is required by
law is guilty of a misdemeanor.

who at any time willfully or knowingly destroys, injures or
obstructs any fishway or fish ladder which is required by law is guilty of a
misdemeanor.

Sec. 81. NRS 503.420 is hereby amended to
read as follows:

503.420 1. Any person, firm or corporation owning in
whole or in part any canal, ditch or any artificial watercourse, taking or
receiving its waters from any river, creek or lake in which fish have been
placed or may exist, shall place or cause to be placed, and such persons shall
maintain at the intake or inlet of such canal, ditch or watercourse, a grating,
screen or other device, either stationary or operated mechanically, of such
construction, fineness, strength and quality as may be designated by the [Division,]Department, to
prevent any fish from entering such canal, ditch or watercourse.

2. If such person, firm or corporation, after due
notice from the [Division,]Department, fails to install or maintain such
grating, screen or device, the Commission is authorized to enter upon lands
adjacent to the inlet of such canal, ditch or watercourse, and may install
therein, and thereafter maintain, such grating, screen or device as in the
discretion of the [Division]Department is proper.

3. It is unlawful for any person or persons, except a
game warden, to remove, tamper with, destroy or in any way molest such screens
when the same have been installed.

Sec. 82. NRS 503.425 is hereby amended to
read as follows:

503.425 1. Before a person may use any vacuum or
suction dredge equipment in any river, stream or lake of this state, he must
submit an application to the [Division.]Department. The application must be
accompanied by a fee of $5 and must specify the type and size of equipment to
be used and its location. If the [Division]Department determines that
the operations will not be deleterious to fish , it shall issue a permit to the applicant.

2. A permit issued pursuant to subsection 1 does not
authorize the recipient to use any equipment in any navigable body of water
unless the recipient has obtained the appropriate permit for such a use from
the State Land Registrar.

(c) Conduct a dredging operation outside the area
designated on the permit.

Sec. 83. NRS 503.452 is hereby amended to
read as follows:

503.452 Each trap, snare or similar device used in the
taking of wild mammals may bear a number registered with the [Division]Department or be permanently
marked with the name and address of the owner or trapper using it. If a trap is
registered, the registration is permanent. A registration fee of $5 for each
registrant is payable only once, at the time the first trap, snare or similar
device is registered.

Sec. 84. NRS 503.470 is hereby amended to
read as follows:

503.470 1. Fur-bearing mammals injuring any property
may be taken or killed at any time in any manner, provided a permit is first
obtained from the [Division.] Department.

2. When the [Division]Department has
determined from investigations or upon a petition signed by the owners of 25
percent of the land area in any irrigation district or
the area served by a ditch company alleging that an excessive population of
beaver or otter exists or that beaver or otter are doing damage to lands,
streams, ditches, roads or water control structures, the [Division] Department
shall remove such excess or depredating beaver or otter.

irrigation district or the area served by a ditch company
alleging that an excessive population of beaver or otter exists or that beaver
or otter are doing damage to lands, streams, ditches, roads or water control
structures, the [Division]Department shall remove such excess or
depredating beaver or otter.

Sec. 85. NRS 503.540 is hereby amended to
read as follows:

503.540 Whenever the [Division]Department determines
that beaver or otter are doing damage and that it will be necessary to remove
beaver or otter from the land of a person to protect the lands of another
landowner, the [Division]Department is not prevented from taking such
beaver or otter by the refusal of the landowner to allow the [Divisions]
employees of the Department to
enter upon his land. The [Division]Department is authorized to enter upon the
lands of such owner and remove beaver or otter for the relief of other
landowners and the protection of the public welfare.

Sec. 86. NRS 503.575 is hereby amended to
read as follows:

503.575 The [Division,]Department, with the
approval of the Commission, may sell live beaver.

Sec. 87. NRS 503.582 is hereby amended to
read as follows:

503.582 Except as otherwise provided in this section,
it is unlawful for any person to hunt, trap, possess or sell any species,
native or otherwise, of owl, hawk or other birds of prey, including all raptors
or the parts thereof, without first obtaining a permit from the [Division.]Department. The
Commission may adopt regulations:

1. Covering the hunting, trapping, possession or sale
of any of those species.

2. Authorizing a person to hunt, trap, possess or sell
any of those species without obtaining a permit pursuant to the provisions of
this section.

Sec. 88. NRS 503.583 is hereby amended to
read as follows:

503.583 1. Except as otherwise provided in this
section, any person who practices falconry or trains birds of prey must obtain
a falconry license from the [Division]Department upon payment of a license fee as
provided in NRS 502.240.

2. The licensee, under permit, may obtain from the
wild only two birds per year. All such birds of prey must be banded in
accordance with regulations adopted by the Commission.

3. Birds of prey may not be taken, captured or
disturbed during the months in which they breed.

4. This section does not prohibit the capture or
killing of a hawk or an owl by holders of scientific collecting permits.

5. The Commission may adopt regulations authorizing a
person to practice falconry or train birds of prey without obtaining a falconry
license pursuant to the provisions of subsection 1.

Sec. 89. NRS 503.5833 is hereby amended to
read as follows:

503.5833 The [Division]Department shall,
upon request of the Welfare Division of the Department of Human Resources,
submit to the Welfare Division the name, address and social security number of
each person who holds a permit or license issued pursuant to NRS 503.582 or
503.583 that does not expire less than 6 months after it is issued and any
pertinent changes in that information.

Sec. 90. NRS 503.5835 is hereby amended to
read as follows:

503.5835 1. If the [Division]Department receives
a copy of a court order issued pursuant to NRS 425.540 that provides for the
suspension of all professional, occupational and
recreational licenses, certificates and permits issued to a person who is the
holder of a permit or license issued pursuant to NRS 503.582 or 503.583 that
does not expire less than 6 months after it is issued, the [Division]
Department shall deem the permit or license issued to that person to be
suspended at the end of the 30th day after the date on which the court order
was issued unless the [Division] Department receives a letter issued to the
holder of the permit or license by the district attorney or other public agency
pursuant to NRS 425.550 stating that the holder of the permit or license has
complied with the subpoena or warrant or has satisfied the arrearage pursuant
to NRS 425.560.

professional, occupational and recreational licenses,
certificates and permits issued to a person who is the holder of a permit or
license issued pursuant to NRS 503.582 or 503.583 that does not expire less
than 6 months after it is issued, the [Division]Department shall
deem the permit or license issued to that person to be suspended at the end of
the 30th day after the date on which the court order was issued unless the [Division]Department receives
a letter issued to the holder of the permit or license by the district attorney
or other public agency pursuant to NRS 425.550 stating that the holder of the
permit or license has complied with the subpoena or warrant or has satisfied
the arrearage pursuant to NRS 425.560.

2. The [Division]Department shall reinstate a permit or license
issued pursuant to NRS 503.582 or 503.583 that has been suspended by a district
court pursuant to NRS 425.540 if the [Division]Department receives
a letter issued by the district attorney or other public agency pursuant to NRS
425.550 to the person whose permit or license was suspended stating that the
person whose permit or license was suspended has complied with the subpoena or
warrant or has satisfied the arrearage pursuant to NRS 425.560.

Sec. 91. NRS 503.585 is hereby amended to
read as follows:

503.585 A species or subspecies of native fish,
wildlife and other fauna must be regarded as threatened with extinction when
the Commission, after consultation with competent authorities, determines that
its existence is endangered and its survival requires assistance because of
overexploitation, disease or other factors or its habitat is threatened with
destruction, drastic modification or severe curtailment. Any animal so declared
to be threatened with extinction must be placed on the list of fully protected
species, and no member of its kind may be captured, removed or destroyed at any
time by any means except under special permit issued by the [Division.] Department.

Sec. 92. NRS 503.586 is hereby amended to
read as follows:

503.586 Where any bird, mammal or other wildlife which
is declared to be in danger of extinction pursuant to NRS 503.585 is found to
be destructive of domestic animals or fowl or a menace to health, the [Division]Department may
provide for its destruction or its removal, alive, for translocating.

Sec. 93. NRS 503.589 is hereby amended to
read as follows:

503.589 In carrying out the program authorized by NRS
503.584 to 503.589, inclusive, the [Administrator]Director shall
cooperate, to the maximum extent practicable, with other states and with the
counties in the State of Nevada, and he may enter into agreements with such
other states and counties and with other legal entities for the administration
and management of any area established pursuant to NRS 503.584 to 503.589,
inclusive, for the conservation, protection, restoration and propagation of
species of native fish, wildlife and other fauna which are threatened with
extinction.

Sec. 94. NRS 503.595 is hereby amended to
read as follows:

503.595 After the owner or tenant of any land or
property has made a report to the [Division]Department indicating
that such land or property is being damaged or destroyed, or is in danger of
being damaged or destroyed, by wildlife, the [Division]Department may,
after thorough investigation and pursuant to such regulations as the Commission
may promulgate, cause such action to be taken as it may deem necessary,
desirable and practical to prevent or alleviate such damage or threatened
damage to such land or property.

503.597 1. Except as otherwise provided in this
section, it is unlawful, except by the written consent and approval of the [Division,]Department, for any
person at anytime to receive, bring or have brought or shipped into this state,
or remove from one stream or body of water in this state to any other, or from
one portion of the State to any other, or to any other state, any aquatic life[,]or wildlife, or any spawn, eggs or
young of any of them.

2. The [Division]Department shall require an applicant to
conduct an investigation to confirm that such an introduction or removal will
not be detrimental to the wildlife or the habitat of wildlife in this state. Written
consent and approval of the [Division]Department may be given only if the results of
the investigation prove that the introduction, removal or importation will not
be detrimental to existing aquatic life[,]or wildlife, or any spawn, eggs or
young of any of them.

3. The Commission may through appropriate regulation
provide for the inspection of such introduced or removed creatures and the
inspection fees therefor.

4. The Commission may adopt regulations to prohibit
the importation, transportation or possession of any species of wildlife which
the Commission deems to be detrimental to the wildlife or the habitat of the
wildlife in this state.

5. The provisions of this section do not apply to
alternative livestock and products made therefrom.

Sec. 96. NRS 503.610 is hereby amended to
read as follows:

503.610 1. Except as otherwise provided in subsection
2, it is unlawful for any person, firm, company, corporation or association to
kill, destroy, wound, trap, injure, possess dead or alive, or in any other
manner to catch or capture, or to pursue with such intent the birds known as
the [American]bald eagle and the golden eagle, or to take,
injure, possess or destroy the nests or eggs of such birds.

2. The [Division]Department may issue permits to take bald
eagles or golden eagles whenever it determines that they have become seriously
injurious to wildlife or agricultural or other interests in any particular area
of the State and the injury complained of is substantial and can only be abated
by taking some or all of the offending birds. The issuance of such permits must
be consistent with federal law.

Sec. 97. NRS 503.650 is hereby amended to
read as follows:

503.650 Nothing in this title:

1. Prohibits any person, upon the written permit of
the [Division,]Department, from taking, killing, possessing
or banding any species of wildlife, or collecting the nest or eggs thereof, for
strictly scientific or educational purposes, the number and species of wildlife
to be limited by the [Division.] Department.

2. Prevents shipping into any other county or state,
under a written permit issued by the [Division,]Department, any
wildlife for scientific or educational purposes.

The fee for a permit to collect wildlife for scientific or
educational purposes is $5.

Sec. 98. NRS 504.140 is hereby amended to
read as follows:

504.140 1. The [Division]Department is
authorized, subject to approval by the Commission, to enter into agreements
with landowners, individually or in groups, to establish
wildlife management areas and to enforce regulations necessary thereto for the
purpose of providing greater areas for the public to hunt or fish on private
lands and to protect the landowner or lessee from damage due to trespass or
excessive hunting or fishing pressure.

individually or in groups, to establish wildlife management
areas and to enforce regulations necessary thereto for the purpose of providing
greater areas for the public to hunt or fish on private lands and to protect
the landowner or lessee from damage due to trespass or excessive hunting or
fishing pressure.

2. Such an agreement must require that the Department
designate certain portions of the area as closed zones for the protection of
livestock, buildings, persons and other properties.

3. The zones must be posted conspicuously along all
boundaries and it is unlawful to hunt, fish or trespass therein or to hunt or
fish on any cooperative area contrary to the regulations provided.

4. The agreement may designate the number of hunters
or fishermen who may be admitted to the area, if such limitation is necessary
or desirable.

Sec. 99. NRS 504.147 is hereby amended to
read as follows:

504.147 1. The [Division]Department may, if
such leases or sales do not interfere with the use of such real property for
wildlife management or for hunting or fishing thereon:

(a) Lease, for a term not exceeding 5 years, grazing or
pasturage rights in and to real property which is assigned to the [Division]Department for
administration.

(b) Sell crops or agricultural products of whatever
kind produced on such real property.

2. Except as otherwise provided in subsection 3,
whenever the [Division]Department intends to lease grazing or
pasturage rights or to sell or offer for sale agricultural products as provided
in subsection 1, the [Division]Department may do so only by advertising for
bids, reserving in such advertising the right to reject any or all bids.

3. The [Division]Department may enter into such a lease with or
make such a sale to a state agency without advertising for bids if the rent
agreed to be paid for the lease or the sale price agreed to be paid for any
agricultural commodities to be sold is, in the opinion of the [Division,]Department, equal to
the amount that would be obtained by advertising for bids.

4. If the [Division]Department finds
that the highest or best bid is less than the amount that should be paid, the [Division]Department may
reject all bids and negotiate with interested persons for such lease or sale,
but shall not accept any negotiated price if it is less in amount than the
highest bid tendered for the same lease or sale.

5. If the deed to real property assigned to the [Division]Department for
administration contains a covenant or provision giving to the grantor an option
to meet the highest bid for any lease by the [Division]Department of
grazing or pasturage rights to the real property or the sale of agricultural
products from it, the [Division]Department shall comply with the terms of the
covenant or provision in the deed.

Sec. 100. NRS 504.155 is hereby amended to
read as follows:

504.155 All gifts, grants, fees and appropriations of
money received by the [Division]Department for the prevention and mitigation
of damage caused by elk or game mammals not native to this state, and the
interest and income earned on the money, less any applicable charges, must be
accounted for separately within the Wildlife Account and may only be disbursed
as provided in the regulations adopted pursuant to NRS 504.165.

(a) Prevent or mitigate damage to private property and
privately maintained improvements; and

(b) Compensate persons for grazing reductions and the
loss of stored and standing crops,

caused by elk or game mammals not native to this state.

2. The regulations must contain:

(a) Requirements for the eligibility of those persons
claiming damage to private property or privately maintained improvements to
receive money or materials from the [Division,]Department, including
a requirement that such a person enter into a cooperative agreement with the [Administrator]Director for
purposes related to this title.

(b) Procedures for the formation of local panels to
assess damage caused by elk or game mammals not native to this state and to
determine the value of a loss claimed if the person claiming the loss and the [Division]Department do not
agree on the value of the loss.

(c) Procedures for the use on private property of
materials purchased by the State to prevent damage caused by elk or game
mammals not native to this state.

(d) Any other regulations necessary to carry out the
provisions of this section and NRS 504.155 and 504.175.

3. The regulations must:

(a) Provide for the payment of money or other
compensation to cover the costs of labor and materials necessary to prevent or
mitigate damage to private property and privately maintained improvements
caused by elk or game mammals not native to this state.

(b) Prohibit a person who has, within a particular
calendar year, applied for or received a special incentive elk tag pursuant to
NRS 502.142 from applying, within the same calendar year, for compensation
pursuant to this section for the same private land.

4. Money may not be disbursed to a claimant pursuant
to this section unless the claimant shows by a preponderance of the evidence
that the damage for which he is seeking compensation was caused solely by elk
or game mammals not native to this state.

Sec. 102. NRS 504.175 is hereby amended to
read as follows:

504.175 The [Administrator]Director shall, on
or before the fifth calendar day of each regular session of the Legislature,
submit to the Legislature a report summarizing the actions taken by the [Division]Department to
prevent or mitigate damage caused by elk or game mammals not native to this
state. The report must include a list of the expenditures made pursuant to this
section and NRS 504.155 and 504.165 during the preceding biennium and a
determination of the amount of money remaining for those purposes.

Sec. 103. NRS 504.185 is hereby amended to
read as follows:

504.185 The provisions of NRS 504.155 to 504.185,
inclusive, do not apply to:

1. Alternative livestock; or

2. Game mammals not native to this state,

that are held in captivity for purposes other than as
required by the [Division.] Department.

504.245 1. Any species of wildlife, including
alternative livestock, that:

(a) Is released from confinement without the prior
written authorization of the [Division;]Department; or

(b) Escapes from the possessors control,

may be captured, seized or destroyed by the [Division]Department if the [Division]Department determines
that such actions are necessary to protect wildlife and the habitat of wildlife
in this state.

2. The owner or possessor of such wildlife:

(a) Shall report its escape immediately after receiving
knowledge of the escape; and

(b) Is liable for the costs incurred by the [Division]Department to capture,
maintain and dispose of the wildlife and for any damage caused by the wildlife.

3. The [Division]Department is not liable for any damage to
wildlife, or caused by wildlife, in carrying out the provisions of this
section.

Sec. 105. NRS 504.295 is hereby amended to
read as follows:

504.295 1. Except as otherwise provided in this
section and NRS 503.590, or unless otherwise specified by a regulation adopted
by the Commission, no person may:

(a) Possess any live wildlife unless he is licensed by
the [Division]Department to do so.

(b) Capture live wildlife in this state to stock a
commercial or noncommercial wildlife facility.

(c) Possess or release from confinement any mammal for
the purposes of hunting.

2. The Commission shall adopt regulations for the
possession of live wildlife. The regulations must set forth the species of
wildlife which may be possessed and propagated, and provide for the inspection
by the [Division]Department of any related facilities.

3. In accordance with the regulations of the
Commission, the [Division]Department may issue commercial and
noncommercial licenses for the possession of live wildlife upon receipt of the
applicable fee.

4. The provisions of this section do not apply to
alternative livestock and products made therefrom.

Sec. 106. NRS 504.310 is hereby amended to
read as follows:

504.310 1. Before being entitled to the benefits of
any commercial or private shooting preserve, the owner or proprietor thereof
must make application to the [Division.]Department. The application must set forth:

(a) The name and location of the shooting preserve.

(b) A legal description of the area included in the
preserve.

(c) A statement whether the preserve is to be a
commercial or private preserve.

(d) If the application is for a commercial shooting
preserve, a statement of fees that are to be collected for the privilege of
shooting on the preserve.

2. If, after investigation, the [Division]Department is
satisfied that the tract is suitable for the purpose, and that the
establishment of such a preserve will not conflict with the public interest,
the [Division]Department may issue a commercial or private
shooting preserve license upon the payment of a license fee as provided in NRS
502.240.

504.320 1. Before any shooting may be done on such
commercial or private shooting preserve, the licensee must advise the [Division,]Department, in
writing, of the number of each species of upland game bird reared, purchased or
acquired for liberation, and request, and receive in writing, a shooting
authorization which states the number of each species which may be taken by
shooting.

2. Birds must be at least 8 weeks of age, full winged,
and in a condition to go wild before liberation. Before release, all birds must
be banded with legbands, the specifications of which must be determined by
Commission regulation. Legbands must remain with the birds and not be removed
until the birds are utilized by the hunter.

3. The licensee, or with his written permit the holder
thereof, may take such upland game bird from such licensed preserve by shooting
only, from August 1 to April 30, inclusive.

4. Permits to hunt on such licensed preserve may be
used only on the date of issuance, and the hunter must carry the permit on his
person at all times while on the area and while in possession of birds taken on
such area.

Sec. 108. NRS 504.350 is hereby amended to
read as follows:

504.350 1. No game bird taken in accordance with the
provisions of NRS 504.300 to 504.380, inclusive, may be removed from the
licensed premises until the licensee or his agent has attached thereto an
invoice, signed by the licensee or his agent, stating:

(a) The number of his license.

(b) The name of the shooting preserve.

(c) The date that the birds were killed.

(d) The kind and number of such birds.

(e) The name and address of the hunter killing such
birds.

2. The invoice must authorize transportation and use
of the birds.

3. Within 1 week thereafter, the licensee or his agent
shall mail, postpaid, a duplicate of the invoice to the [Division.] Department.

Sec. 109. NRS 504.360 is hereby amended to
read as follows:

504.360 Every licensee of a commercial or private
shooting preserve under this chapter shall keep records and make an annual
report to the [Division]Department of the number of birds released and
the number of birds killed on the preserve. The report must be verified by the
affidavit of the licensee or his agent. The record must be continuous and kept
on the premises described in the application for license, and the licensee
shall allow any person authorized to enforce the provisions of this title to
enter such premises and inspect his operations and records at all reasonable
hours.

Sec. 110. NRS 504.390 is hereby amended to
read as follows:

504.390 1. As used in this section, unless the context
requires otherwise, guide means to assist another person in hunting wild
mammals or wild birds and fishing and includes the transporting of another
person or his equipment to hunting and fishing locations within a general
hunting and fishing area whether or not the guide determines the destination or
course of travel.

2. Every person who provides guide service for
compensation or provides guide service as an incidental service to customers of
any commercial enterprise, whether a direct fee is charged for the guide
service or not, shall obtain a master guide license from the [Division.]Department.

Such a license must not be issued to any person who has not
reached 21 years of age.

3. Each person who assists a person who is required to
have a master guide license and acts as a guide in the course of that activity
shall obtain a subguide license from the [Division.]Department. Such a
license must not be issued to any person who has not reached 18 years of age.

4. Fees for master guide and subguide licenses must be
as provided in NRS 502.240.

5. Any person who desires a master guide license must
apply for the license on a form prescribed and furnished by the [Division.]Department. The
application must contain the social security number of the applicant and such
other information as the Commission may require by regulation. If that person
was not licensed as a master guide during the previous licensing year, his
application must be accompanied by a fee of $500, which is not refundable.

6. Any person who desires a subguide license must
apply for the license on a form prescribed and furnished by the [Division.] Department.

7. If the holder of a master guide license operates
with pack or riding animals, he shall also have a grazing or special use permit
if he operates in any area where such a permit is required.

8. The holder of a master guide license shall maintain
records of the number of hunters and fishermen served, and any other
information which the [Division]Department may require concerning fish and
game taken by such persons. Such information must be furnished to the [Division]Department on
request.

9. If any licensee under this section, or person
served by a licensee, is convicted of a violation of any provision of this
title or chapter 488 of NRS, the Commission may revoke the license of the
licensee and may refuse issuance of another license to the licensee for a
period not to exceed 5 years.

10. The Commission may adopt regulations covering the
conduct and operation of a guide service.

11. The [Division]Department may issue
master guide and subguide licenses to be valid only in certain districts in
such a manner as may be determined by the regulations of the Commission.

Sec. 111. NRS 504.393 is hereby amended to
read as follows:

504.393 The [Division]Department shall,
upon request of the Welfare Division of the Department of Human Resources,
submit to the Welfare Division the name, address and social security number of
each person who holds a master guide license or subguide license and any
pertinent changes in that information.

Sec. 112. NRS 504.398 is hereby amended to
read as follows:

504.398 1. If the [Division]Department receives
a copy of a court order issued pursuant to NRS 425.540 that provides for the
suspension of all professional, occupational and recreational licenses,
certificates and permits issued to a person who is the holder of a master guide
license or subguide license, the [Division]Department shall deem the
license issued to that person to be suspended at the end of the 30th day after
the date on which the court order was issued unless the [Division]Department receives
a letter issued to the holder of the license by the district attorney or other
public agency pursuant to NRS 425.550 stating that the holder of the license
has complied with the subpoena or warrant or has satisfied the arrearage
pursuant to NRS 425.560.

2. The [Division]Department shall reinstate a master guide
license or subguide license that has been suspended by a district court
pursuant to NRS 425.540 if the [Division]Department receives a letter issued by the
district attorney or other public agency pursuant to NRS 425.550 to the person
whose license was suspended stating that the person whose license was suspended
has complied with the subpoena or warrant or has satisfied the arrearage
pursuant to NRS 425.560.

Sec. 113. NRS 505.025 is hereby amended to
read as follows:

505.025 The [Division]Department shall,
upon request of the Welfare Division of the Department of Human Resources,
submit to the Welfare Division the name, address and social security number of
each person who holds a fur dealers license and any pertinent changes in that
information.

Sec. 114. NRS 505.035 is hereby amended to
read as follows:

505.035 1. If the [Division]Department receives
a copy of a court order issued pursuant to NRS 425.540 that provides for the
suspension of all professional, occupational and recreational licenses,
certificates and permits issued to a person who is the holder of a fur dealers
license, the [Division]Department shall deem the license issued to
that person to be suspended at the end of the 30th day after the date on which
the court order was issued unless the [Division]Department receives
a letter issued to the holder of the license by the district attorney or other
public agency pursuant to NRS 425.550 stating that the holder of the license
has complied with the subpoena or warrant or has satisfied the arrearage
pursuant to NRS 425.560.

2. The [Division]Department shall reinstate a fur dealers
license that has been suspended by a district court pursuant to NRS 425.540 if
the [Division]Department receives a letter issued by the
district attorney or other public agency pursuant to NRS 425.550 to the person
whose license was suspended stating that the person whose license was suspended
has complied with the subpoena or warrant or has satisfied the arrearage
pursuant to NRS 425.560.

Sec. 115. NRS 506.020 is hereby amended to
read as follows:

506.020 The [Administrator of the
Division of Wildlife of the State Department of Conservation and Natural
Resources]Director
shall appoint a person to serve on the Board of Compact
Administrators as the Compact Administrator for this state as required by section
1 of article VII of the Wildlife [Violators]Violator Compact.

Sec. 116. NRS 62.229 is hereby amended to
read as follows:

62.229 In addition to the options set forth in NRS
62.211 and 62.213 and the requirements of NRS 62.228, if a child is adjudicated
delinquent pursuant to paragraph (b) of subsection 1 of NRS 62.040 because he
handled or possessed a firearm or had a firearm under his control in violation
of NRS 202.300, the court shall order that any license to hunt issued to the
child pursuant to chapter 502 of NRS must be revoked by the [Division
of Wildlife of the State] Department of [Conservation
and Natural Resources]Wildlife and that the child shall not receive
a license to hunt within the 2 years following the date of the order or until
he is 18 years of age, whichever is later. The judge shall require the child to
surrender to the court any license to hunt then held by the child. The court
shall, within 5 days after issuing the order, forward to the [Division]Department of
Wildlife any license to hunt surrendered by the child, together with a copy of
the order.

232.090 1. The Department consists of the Director
and the following divisions:

(a) The Division of Water Resources.

(b) The Division of State Lands.

(c) The Division of Forestry.

(d) The Division of State Parks.

(e) The Division of Conservation Districts.

(f) The Division of Environmental Protection.

(g) The Division of Water Planning.

(h) [The Division of Wildlife.

(i)]
Such other divisions as the Director may from time to time establish.

2. The State Environmental Commission, the State
Conservation Commission, the Commission for the Preservation of Wild Horses,
the Nevada Natural Heritage Program and the Board to Review Claims are within
the Department.

Sec. 118. NRS 242.131 is hereby amended to
read as follows:

242.131 1. The Department shall provide state
agencies and elected state officers with all their required design of
information systems. All agencies and officers must use those services and
equipment, except as otherwise provided in subsection 2.

2. The following agencies may negotiate with the
Department for its services or the use of its equipment, subject to the
provisions of this chapter, and the Department shall provide those services and
the use of that equipment as may be mutually agreed:

(a) The Court Administrator;

(b) The Department of Motor Vehicles;

(c) The Department of Public Safety;

(d) The Department of Transportation;

(e) The Employment Security Division of the Department
of Employment, Training and Rehabilitation;

(f) The [Division of Wildlife of the State]
Department of [Conservation and Natural Resources;] Wildlife;

(g) The Legislative Counsel Bureau;

(h) The State Controller;

(i) The State Gaming Control Board and Nevada Gaming
Commission; and

(j) The University and Community College System of
Nevada.

3. Any state agency or elected state officer who uses
the services of the Department and desires to withdraw substantially from that
use must apply to the Director for approval. The application must set forth
justification for the withdrawal. If the Director denies the application, the
agency or officer must:

(a) If the Legislature is in regular or special
session, obtain the approval of the Legislature by concurrent resolution.

(b) If the Legislature is not in regular or special
session, obtain the approval of the Interim Finance Committee. The Director
shall, within 45 days after receipt of the application, forward the application
together with his recommendation for approval or denial to the Interim Finance
Committee. The Interim Finance Committee has 45 days after the application and
recommendation are submitted to its Secretary within which to consider the
application. Any application which is not considered by the Committee within
the 45-day period shall be deemed approved.

4. If the demand for services or use of equipment
exceeds the capability of the Department to provide them, the Department may
contract with other agencies or independent contractors to furnish the required
services or use of equipment and is responsible for the administration of the
contracts.

Sec. 119. NRS 321.385 is hereby amended to
read as follows:

321.385 The State Land Registrar, after consultation
with the Division of Forestry of the State Department of Conservation and
Natural Resources, may:

1. Sell timber from any land owned by the State of
Nevada which is not assigned to the [Division of Wildlife of the
State] Department of [Conservation and Natural
Resources.]
Wildlife.

2. At the request of the [Administrator]Director of the [Division
of Wildlife of the State] Department of [Conservation
and Natural Resources,]Wildlife, sell timber from any land owned by
the State of Nevada which is assigned to the [Division]Department of
Wildlife. Revenues from the sale of such timber must be deposited with the
State Treasurer for credit to the Wildlife Account in the State General Fund.

Sec. 120. NRS 331.165 is hereby amended to
read as follows:

331.165 1. The Marlette Lake Water System Advisory
Committee is hereby created to be composed of:

(a) One member appointed by the [Administrator]Director of the [Division
of Wildlife of the State] Department of [Conservation
and Natural Resources.] Wildlife.

(b) One member appointed by the Administrator of the
Division of State Parks.

(c) Three members from the State Legislature, including
at least one member of the Senate and one member of the Assembly, appointed by
the Legislative Commission.

(d) One member from the staff of the Legislative
Counsel Bureau appointed by the Legislative Commission. The member so appointed
shall serve as a nonvoting member of the Advisory Committee.

(e) One member appointed by the State Forester
Firewarden.

(f) One member appointed by the Department of
Administration.

2. The voting members of the Advisory Committee shall
select one of the legislative members of the Advisory Committee as Chairman and
one as Vice Chairman. After the initial selection of a Chairman and Vice
Chairman, each such officer serves a term of 2 years beginning on July 1 of
each odd-numbered year. If a vacancy occurs in the Chairmanship or Vice
Chairmanship, the person appointed to succeed that officer shall serve for the
remainder of the unexpired term.

3. The Director of the Legislative Counsel Bureau
shall provide a Secretary for the Advisory Committee.

4. Members of the Advisory Committee serve at the
pleasure of their respective appointing authorities.

5. The Advisory Committee may make recommendations to
the Legislative Commission, the Interim Finance Committee, the Department of
Administration, the State Department of Conservation and Natural Resources , and the Governor
concerning any matters relating to the Marlette Lake Water System or any part
thereof.

353.250 1. The State Treasurer shall designate the
financial institutions into which money received by a state officer, department
or commission must be deposited.

2. Except as otherwise provided in subsections 3 and
4, every state officer, department or commission which receives or which may
receive any money of the State of Nevada or for its use and benefit shall
deposit on Thursday of each week, in a financial institution designated by the
State Treasurer to the credit of the State Treasurers Account, all money
received by that officer, department or commission during the previous week.

3. Except as otherwise provided in subsection 4, if on
any day the money accumulated for deposit is $10,000 or more, a deposit must be
made not later than the next working day.

4. If the [Division of Wildlife of
the State] Department of [Conservation and Natural
Resources]Wildlife
accumulates for deposit $10,000 or more on any day, the money
must be deposited within 10 working days.

5. Every officer, department or commission which is
required to deposit money with the State Treasurer shall comply with that
requirement by depositing the money in a financial institution designated by
the State Treasurer to the credit of the State Treasurers Account.

6. Every officer, head of any department or
commissioner who fails to comply with the provisions of this section is guilty
of a misdemeanor in office.

7. As used in this section, financial institution
means a bank, savings and loan association, thrift company or credit union
regulated pursuant to title 55 or 56 of NRS.

Sec. 122. NRS 361.055 is hereby amended to
read as follows:

361.055 1. All lands and other property owned by the
State are exempt from taxation, except real property acquired by the State of
Nevada and assigned to the [Division of Wildlife of the State]
Department of [Conservation and Natural Resources]Wildlife which is or was
subject to taxation under the provisions of this chapter at the time of
acquisition.

2. In lieu of payment of taxes on each parcel of real
property acquired by it which is subject to assessment and taxation pursuant to
subsection 1, the [Division of Wildlife of the State]
Department of [Conservation and Natural Resources]Wildlife shall make annual
[payment]payments to the county tax receiver of the
county wherein each such parcel of real property is located of an amount equal
to the total taxes levied and assessed against each such parcel of real
property in the year in which title to it was acquired by the State of Nevada.

3. Such payments in lieu of taxes must be collected
and accounted for in the same manner as taxes levied and assessed against real
property pursuant to this chapter are collected and accounted for.

4. Money received pursuant to this section must be
apportioned each year to the counties, school districts and cities wherein each
such parcel of real property is located in the proportion that the tax rate of
each such political subdivision bears to the total combined tax rate in effect
for that year.

Sec. 123. NRS 365.535 is hereby amended to
read as follows:

365.535 1. It is declared to be the policy of the
State of Nevada to apply the tax on motor vehicle fuel paid on fuel used in
watercraft for recreational purposes during each calendar
year, which is hereby declared to be not refundable to the consumer, for the:

recreational purposes during each calendar year, which is
hereby declared to be not refundable to the consumer, for the:

(a) Improvement of boating and the improvement,
operation and maintenance of other outdoor recreational facilities located in
any state park that includes a body of water used for recreational purposes;
and

(b) Payment of the costs incurred, in part, for the
administration and enforcement of the provisions of chapter 488 of NRS.

2. The amount of excise taxes paid on all motor
vehicle fuel used in watercraft for recreational purposes must be determined
annually by the Department by use of the following formula:

(a) Multiplying the total boats with motors registered
the previous calendar year, pursuant to provisions of chapter 488 of NRS, times
220.76 gallons average fuel purchased per boat;

(b) Adding 566,771 gallons of fuel purchased by
out-of-state boaters as determined through a study conducted during 1969-1970
by the Division of Agricultural and Resource Economics, Max C. Fleischmann
College of Agriculture, University of Nevada, Reno; and

(c) Multiplying the total gallons determined by adding
the total obtained under paragraph (a) to the figure in paragraph (b) times the
rate of tax, per gallon, imposed on motor vehicle fuel used in watercraft for
recreational purposes, less the percentage of the tax authorized to be deducted
by the supplier pursuant to NRS 365.330.

3. The [Division of Wildlife of the State]
Department of [Conservation and Natural Resources]Wildlife shall submit
annually to the Department, on or before April 1, the number of boats with
motors registered in the previous calendar year. On or before June 1, the
Department, using that data, shall compute the amount of excise taxes paid on
all motor vehicle fuel used in watercraft for recreational purposes based on
the formula set forth in subsection 2, and shall certify the ratio for
apportionment and distribution, in writing, to the [Division of Wildlife of
the State] Department of [Conservation and Natural
Resources]Wildlife
and to the Division of State Parks of the State Department of
Conservation and Natural Resources for the next fiscal year.

4. In each fiscal year, the State Treasurer shall,
upon receipt of the tax money from the Department collected pursuant to the
provisions of NRS 365.175 to 365.190, inclusive, allocate the amount determined
pursuant to subsection 2, in proportions directed by the Legislature, to:

(a) The Wildlife Account in the State General Fund.
This money may be expended only for the administration and enforcement of the
provisions of chapter 488 of NRS and for the improvement, operation and
maintenance of boating facilities and other outdoor recreational facilities
associated with boating. Any money received in excess of the amount authorized
by the Legislature to be expended for such purposes must be retained in the
Wildlife Account.

(b) The Division of State Parks of the State Department
of Conservation and Natural Resources. Such money may be expended only as
authorized by the Legislature for the improvement, operation and maintenance of
boating facilities and other outdoor recreational facilities located in any
state park that includes a body of water used for recreational purposes.

Sec. 124. NRS 425.500 is hereby amended to
read as follows:

425.500 As used in NRS 425.500 to 425.560, inclusive,
unless the context otherwise requires, agency that issues a professional,
occupational or recreational license, certificate or
permit means the [Division of Wildlife of the State] Department of
[Conservation and Natural Resources] Wildlife and any officer, agency, board or
commission of this state which is prohibited by specific statute from issuing
or renewing a license, certificate or permit unless the applicant for the
issuance or renewal of that license, certificate or permit submits to the
officer, agency, board or commission the statement prescribed by the [Welfare]
Division pursuant to NRS 425.520.

or recreational license, certificate or permit means the [Division
of Wildlife of the State] Department of [Conservation
and Natural Resources]Wildlife and any officer, agency, board or
commission of this state which is prohibited by specific statute from issuing
or renewing a license, certificate or permit unless the applicant for the
issuance or renewal of that license, certificate or permit submits to the
officer, agency, board or commission the statement prescribed by the [Welfare]
Division pursuant to NRS 425.520.

Sec. 125. NRS 425.520 is hereby amended to
read as follows:

425.520 1. The [Welfare]
Division shall prescribe, by regulation, a statement which must be submitted to
an agency that issues a professional, occupational or recreational license,
certificate or permit, other than the [Division of Wildlife of
the State] Department of [Conservation and Natural
Resources,]Wildlife,
by an applicant for the issuance or renewal of such a license,
certificate or permit.

2. The statement prescribed pursuant to subsection 1
must:

(a) Provide the applicant with an opportunity to
indicate that:

(1) He is not subject to a court order for the
support of a child;

(2) He is subject to a court order for the
support of one or more children and is in compliance with the order or is in
compliance with a plan approved by the district attorney or other public agency
enforcing the order for the repayment of the amount owed pursuant to the order;
or

(3) He is subject to a court order for the
support of one or more children and is not in compliance with the order or a
plan approved by the district attorney or other public agency enforcing the
order for the repayment of the amount owed pursuant to the order;

(b) Include a statement that the application for the
issuance or renewal of the license, certificate or permit will be denied if the
applicant does not indicate on the statement which of the provisions of
paragraph (a) applies to the applicant; and

(c) Include a space for the signature of the applicant.

Sec. 126. NRS 425.540 is hereby amended to
read as follows:

425.540 1. If a master enters a recommendation
determining that a person:

(a) Has failed to comply with a subpoena or warrant
relating to a proceeding to determine the paternity of a child or to establish
or enforce an obligation for the support of a child; or

(b) Is in arrears in the payment for the support of one
or more children,

and the district court issues an order approving the
recommendation of the master, the court shall provide a copy of the order to
all agencies that issue professional, occupational or recreational licenses,
certificates or permits.

2. A court order issued pursuant to subsection 1 must
provide that if the person named in the order does not, within 30 days after
the date on which the order is issued, submit to any agency that has issued a
professional, occupational or recreational license, certificate or permit to
that person a letter from the district attorney or other public agency stating
that the person has complied with the subpoena or warrant or has satisfied the
arrearage pursuant to NRS 425.560, the professional, occupational or
recreational licenses issued to the person by that agency will be automatically
suspended. Such an order must not apply to a license, certificate or permit
issued by the [Division of Wildlife of the State]
Department of [Conservation and Natural Resources]
Wildlife or the State Land Registrar if that license, certificate or permit
expires less than 6 months after it is issued.

Resources]Wildlife or the
State Land Registrar if that license, certificate or permit expires less than 6
months after it is issued.

3. If a court issues an order pursuant to subsection
1, the district attorney or other public agency shall send a notice by
first-class mail to the person who is subject to the order. The notice must
include:

(a) If the person has failed to comply with a subpoena
or warrant, a copy of the court order and a copy of the subpoena or warrant; or

(b) If the person is in arrears in the payment for the
support of one or more children:

(1) A copy of the court order;

(2) A statement of the amount of the arrearage;
and

(3) A statement of the action that the person
may take to satisfy the arrearage pursuant to NRS 425.560.

(a) Require each category I peace officer to complete a
program of training for the detection and investigation of and response to
cases of sexual abuse or sexual exploitation of children under the age of 18
years.

(b) Not certify any person as a category I peace
officer unless he has completed the program of training required pursuant to
paragraph (a).

(c) Establish a program to provide the training
required pursuant to paragraph (a).

(d) Adopt regulations necessary to carry out the provisions
of this section.

2. As used in this section, category I peace officer
means:

(a) Sheriffs of counties and of metropolitan police
departments, their deputies and correctional officers;

(b) Personnel of the Nevada Highway Patrol appointed to
exercise the police powers specified in NRS 480.330 and 480.360;

(c) Marshals, policemen and correctional officers of
cities and towns;

(d) Members of the Police Department of the University
and Community College System of Nevada;

(e) Employees of the Division of State Parks of the
State Department of Conservation and Natural Resources designated by the
Administrator of the Division who exercise police powers specified in NRS
289.260;

(f) The Chief, investigators and agents of the
Investigation Division of the Department of Public Safety; and

(g) The personnel of the [Division of Wildlife of
the State] Department of [Conservation and Natural
Resources]Wildlife
who exercise those powers of enforcement conferred by title 45
and chapter 488 of NRS.

Sec. 128. NRS 445A.615 is hereby amended to
read as follows:

445A.615 1. The Director may [authorize the Division of
Wildlife of]issue
a permit to the Department of Wildlife to kill fish through the use of
toxicants.

2. The [Director shall]permit must indicate the terms and conditions
under which the use of toxicants may take place.

Sec. 129. NRS 445B.200 is hereby amended to
read as follows:

445B.200 1. The State Environmental Commission is
hereby created within the State Department of Conservation and Natural
Resources. The Commission consists of:

(a) The [Administrator of the Division of Wildlife]Director of the
Department[;] of Wildlife;

(b) The State Forester Firewarden;

(c) The State Engineer;

(d) The Director of the State Department of
Agriculture;

(e) The Administrator of the Division of Minerals of
the Commission on Mineral Resources;

(f) A member of the State Board of Health to be
designated by that Board; and

(g) Five members appointed by the Governor, one of whom
is a general engineering contractor or a general building contractor licensed
pursuant to chapter 624 of NRS and one of whom possesses expertise in
performing mining reclamation.

2. The Governor shall appoint the Chairman of the
Commission from among the members of the Commission.

3. A majority of the members constitutes a quorum, and
a majority of those present must concur in any decision.

4. Each member who is appointed by the Governor is
entitled to receive a salary of not more than $80, as fixed by the Commission,
for each days attendance at a meeting of the Commission.

5. While engaged in the business of the Commission,
each member and employee of the Commission is entitled to receive the per diem
allowance and travel expenses provided for state officers and employees
generally.

6. Any person who receives or has received during the
previous 2 years a significant portion of his income, as defined by any
applicable state or federal law, directly or indirectly from one or more
holders of or applicants for a permit required by NRS 445A.300 to 445A.730,
inclusive, is disqualified from serving as a member of the Commission. The provisions
of this subsection do not apply to any person who receives or has received
during the previous 2 years, a significant portion of his income from any
department or agency of state government which is a holder of or an applicant
for a permit required by NRS 445A.300 to 445A.730, inclusive.

7. The State Department of Conservation and Natural
Resources shall provide technical advice, support and assistance to the
Commission. All state officers, departments, commissions and agencies,
including the Department of Transportation, the Department of Human Resources,
the University and Community College System of Nevada, the State Public Works
Board, the Department of Motor Vehicles, the Department of Public Safety, the
Public Utilities Commission of Nevada, the Transportation Services Authority
and the State Department of Agriculture may also provide technical advice,
support and assistance to the Commission.

Sec. 130. NRS 482.368 is hereby amended to
read as follows:

482.368 1. Except as otherwise provided in subsection
2, the Department shall provide suitable distinguishing license plates for
exempt vehicles. These plates must be displayed on the vehicles in the same
manner as provided for privately owned vehicles. The fee for the issuance of
the plates is $5. Any license plates authorized by this section must be
immediately returned to the Department when the vehicle for which they were
issued ceases to be used exclusively for the purpose for which it was exempted
from the governmental services tax.

(a) Those vehicles which are maintained for and used by
the Governor or under the authority and direction of the Chief Parole and
Probation Officer, the State Contractors Board and auditors, the State Fire
Marshal, the Investigation Division of the Department of Public Safety and any
authorized federal law enforcement agency or law enforcement agency from
another state;

(b) One vehicle used by the Department of Corrections,
three vehicles used by the [Division of Wildlife of the State]
Department of [Conservation and Natural Resources,]Wildlife, two vehicles
used by the Caliente Youth Center and four vehicles used by the Nevada Youth
Training Center;

(c) Vehicles of a city, county or the State, if
authorized by the Department for the purposes of law enforcement or work
related thereto or such other purposes as are approved upon proper application
and justification; and

(d) Vehicles maintained for and used by investigators
of the following:

(1) The State Gaming Control Board;

(2) The State Department of Agriculture;

(3) The Attorney General;

(4) City or county juvenile officers;

(5) District attorneys offices;

(6) Public administrators offices;

(7) Public guardians offices;

(8) Sheriffs offices;

(9) Police departments in the State; and

(10) The Securities Division of the Office of
the Secretary of State,

must not bear any distinguishing mark which would serve to
identify the vehicles as owned by the State, county or city. These license
plates must be issued annually for $12 per plate or, if issued in sets, per
set.

3. The Director may enter into agreements with departments
of motor vehicles of other states providing for exchanges of license plates of
regular series for vehicles maintained for and used by investigators of the law
enforcement agencies enumerated in paragraph (d) of subsection 2, subject to
all of the requirements imposed by that paragraph, except that the fee required
by that paragraph must not be charged.

4. Applications for the licenses must be made through
the head of the department, board, bureau, commission, school district or
irrigation district, or through the chairman of the board of county
commissioners of the county or town or through the mayor of the city, owning or
controlling the vehicles, and no plate or plates may be issued until a
certificate has been filed with the Department showing that the name of the
department, board, bureau, commission, county, city, town, school district or
irrigation district, as the case may be, and the words For Official Use Only
have been permanently and legibly affixed to each side of the vehicle, except
those vehicles enumerated in subsection 2.

5. As used in this section, exempt vehicle means a
vehicle exempt from the governmental services tax, except a vehicle owned by
the United States.

6. The Department shall adopt regulations governing
the use of all license plates provided for in this section. Upon a finding by
the Department of any violation of its regulations, it may revoke the
violators privilege of registering vehicles pursuant to this section.

488.035 As used in this chapter, unless the context
otherwise requires:

1. Commission means the Board of Wildlife
Commissioners.

2. Department
means the Department of Wildlife.

3. Flat
wake means the condition of the water close astern a moving vessel that
results in a flat wave disturbance.

[3.]4. Interstate waters of this state means waters forming the
boundary between the State of Nevada and an adjoining state.

5. Legal
owner means a secured party under a security agreement relating to a vessel or
a renter or lessor of a vessel to the State or any political subdivision of the
State under a lease or an agreement to lease and sell or to rent and purchase
which grants possession of the vessel to the lessee for a period of 30
consecutive days or more.

[4.]6. Motorboat means any vessel propelled by
machinery, whether or not the machinery is the principal source of propulsion.

[5.]7. Operate means to navigate or otherwise
use a motorboat or a vessel.

[6.]8. Owner means:

(a) A person having all the incidents of ownership,
including the legal title of a vessel, whether or not he lends, rents or
pledges the vessel; and

(b) A debtor under a security agreement relating to a
vessel.

Owner does not include a person defined as a legal owner
under subsection [3.] 4.

[7.]9. Prohibited substance has the meaning
ascribed to it in NRS 484.1245.

[8.]10. Registered owner means the person
registered by the Commission as the owner of a vessel.

[9.]11. A vessel is under way if it is adrift,
making way[,]
or being propelled, and is not aground, made fast to the shore, or tied or made
fast to a dock or mooring.

[10.]12. Vessel means every description of
watercraft, other than a seaplane on the water, used or capable of being used
as a means of transportation on water.

[11.]13. Waters of this state means any waters
within the territorial limits of this state.

Sec. 132. NRS 488.065 is hereby amended to
read as follows:

488.065 1. Every motorboat on the waters of this
state must be numbered and titled, except as otherwise provided in subsection 4
and NRS 488.175.

2. Upon receipt of an original application for a
certificate of ownership or for transfer of a certificate of ownership on an
undocumented motorboat, the [Division of Wildlife of the State Department of Conservation
and Natural Resources]Department may assign an appropriate builders
hull number to the motorboat whenever there is no builders number thereon, or
when the builders number has been destroyed or obliterated. The builders
number must be permanently marked on an integral part of the hull which is
accessible for inspection.

3. A person shall not operate or give permission for
the operation of any motorboat on the waters of this state unless:

(a) The motorboat is numbered in accordance with the
provisions of this chapter, with applicable federal law or with the federally
approved numbering system of another state;

(c) The identifying number set forth in the certificate
of number is displayed on each side of the bow of the motorboat; and

(d) A valid certificate of ownership has been issued to
the owner of any motorboat required to be numbered under this chapter.

4. Any person who purchases or otherwise owns a
motorboat before January 1, 1972, is not required to obtain title for the
motorboat until he transfers any portion of his ownership in the motorboat to
another person.

Sec. 133. NRS 488.075 is hereby amended to
read as follows:

488.075 1. The owner of each motorboat requiring
numbering by this state shall file an application for a number and for a
certificate of ownership with the [Division of Wildlife of
the State Department of Conservation and Natural Resources]Department on forms
approved by it accompanied by:

(a) Proof of payment of Nevada sales or use tax as
evidenced by proof of sale by a Nevada dealer or by a certificate of use tax
paid issued by the Department of Taxation, or by proof of exemption from those
taxes as provided in NRS 372.320.

(b) Such evidence of ownership as the [Division
of Wildlife]Department
may require.

The [Division of Wildlife]Department shall not issue
a number, a certificate of number or a certificate of ownership until this
evidence is presented to it.

2. The application must be signed by the owner of the
motorboat and must be accompanied by a fee of $15 for the certificate of
ownership and a fee according to the following schedule as determined by the
straight line length which is measured from the tip of the bow to the back of
the transom of the motorboat:

Less than 13 feet....................................................................................... $10

13 feet or more but less than 18
feet....................................................... 15

18 feet or more but less than 22
feet....................................................... 30

22 feet or more but less than 26
feet....................................................... 45

26 feet or more but less than 31
feet....................................................... 60

31 feet or more ........................................................................................... 75

Except as otherwise provided in this subsection, all fees
received by the [Division of Wildlife]Department under the
provisions of this chapter must be deposited in the Wildlife Account in the
State General Fund and may be expended only for the administration and
enforcement of the provisions of this chapter. On or before December 31 of each
year, the [Division of Wildlife]Department shall deposit
with the respective county school districts 50 percent of each fee collected
according to the motorboats length for every motorboat registered from their
respective counties. Upon receipt of the application in approved form, the [Division
of Wildlife]Department
shall enter the application upon the records of its office and
issue to the applicant a certificate of number stating the number awarded to
the motorboat, a certificate of ownership stating the same information and the
name and address of the registered owner and the legal owner.

3. A certificate of number may be renewed each year by
the purchase of a validation decal. The fee for a validation decal is
determined by the straight line length of the motorboat and is equivalent to
the fee set forth in the schedule provided in subsection 2. The fee for issuing
a duplicate validation decal is $10.

4. The owner shall paint on or attach to each side of
the bow of the motorboat the identification number in such manner as may be
prescribed by regulations of the Commission in order that the number may be
clearly visible. The number must be maintained in legible condition.

5. The certificate of number must be pocket size and
must be available at all times for inspection on the motorboat for which
issued, whenever the motorboat is in operation.

6. The Commission shall provide by regulation for the
issuance of numbers to manufacturers and dealers which may be used
interchangeably upon motorboats operated by the manufacturers and dealers in
connection with the demonstration, sale or exchange of those motorboats. The
fee for each such number is $15.

Sec. 134. NRS 488.078 is hereby amended to
read as follows:

488.078 The [Division of Wildlife of
the State Department of Conservation and Natural Resources]Department shall,
upon request of the Welfare Division of the Department of Human Resources,
submit to the Welfare Division the name, address and social security number of
each person who has been issued a certificate of number or a validation decal
and any pertinent changes in that information.

Sec. 135. NRS 488.105 is hereby amended to
read as follows:

488.105 If an agency of the United States Government
has in force an overall system of identification numbering for motorboats
within the United States, the numbering system employed pursuant to the
provisions of this chapter by the [Division of Wildlife of
the State Department of Conservation and Natural Resources]Department must be
in conformity therewith.

Sec. 136. NRS 488.115 is hereby amended to
read as follows:

488.115 1. The [Division of Wildlife of
the State Department of Conservation and Natural Resources]Department may award
any certificate of number directly or may authorize any person to act as an agent for the awarding
thereof. If a person accepts the authorization, he may be assigned a block of
numbers and certificates therefor which upon award, in conformity with the
provisions of this chapter and with any regulations of the Commission, is valid
as if awarded directly by the [Division of Wildlife.]Department. At the time an
agent forwards the money collected to the [Division of Wildlife]Department he may
retain 50 cents per certificate of number.

2. All records of the [Division of Wildlife]Department made or
kept pursuant to this section are public records.

Sec. 137. NRS 488.135 is hereby amended to
read as follows:

488.135 The [Division of Wildlife of
the State Department of Conservation and Natural Resources]Department shall fix
a day and month of the year on which certificates of number due to expire
during the calendar year lapse unless renewed pursuant to the provisions of
this chapter.

Sec. 138. NRS 488.145 is hereby amended to
read as follows:

488.145 1. The owner shall furnish the [Division
of Wildlife of the State Department of Conservation and Natural Resources]Department notice of
the destruction or abandonment of any motorboat numbered under this chapter,
within 10 days thereof.

2. Such destruction or abandonment terminates the
certificate of number for the motorboat.

488.155 1. Any holder of a certificate of number and
a certificate of ownership shall notify the [Division of Wildlife of
the State Department of Conservation and Natural Resources]Department, within
10 days, if his address no longer conforms to the address appearing on the
certificates and shall, as a part of the notification, furnish the [Division
of Wildlife]Department
with his new address.

2. The Commission may provide in its regulations for
the surrender of the certificates bearing the former address and its
replacement with new certificates bearing the new address or for the alteration
of outstanding certificates to show the new address of the holder.

Sec. 140. NRS 488.171 is hereby amended to
read as follows:

488.171 1. A person shall not:

(a) Intentionally deface, destroy, remove or alter any
hull number required for a vessel without written authorization from the [Division
of Wildlife of the State Department of Conservation and Natural Resources;]Department; or

(b) Place or stamp any serial number upon a vessel
except a number assigned to the vessel by the [Division of Wildlife.] Department.

2. This section does not prohibit:

(a) The restoration of the original hull number by an
owner of a vessel when the restoration is authorized by the [Division
of Wildlife;]Department;
or

(b) Any manufacturer from placing numbers or marks in
the ordinary course of business upon new vessels or parts of vessels.

3. The [Division of Wildlife]Department shall, upon
request, assign a hull number to any handmade vessel.

4. Any person who violates subsection 1 is guilty of a
gross misdemeanor.

Sec. 141. NRS 488.175 is hereby amended to
read as follows:

488.175 1. Except as otherwise provided in subsection
2, a motorboat need not be numbered pursuant to the provisions of this chapter
if it is:

(a) Already covered by a number in effect which has
been awarded or issued to it pursuant to federal law or a federally approved
numbering system of another state if the boat has not been on the waters of
this state for a period in excess of 90 consecutive days.

(b) A motorboat from a country other than the United
States temporarily using the waters of this state.

(c) A public vessel of the United States, a state or a
political subdivision of a state.

(d) A ships lifeboat.

(e) A motorboat belonging to a class of boats which has
been exempted from numbering by the [Division of Wildlife of
the State Department of Conservation and Natural Resources]Department after the
[Division]Department has found:

(1) That the numbering of motorboats of that
class will not materially aid in their identification; and

(2) If an agency of the Federal Government has a
numbering system applicable to the class of motorboats to which the motorboat
in question belongs, that the motorboat would also be exempt from numbering if
it were subject to the federal law.

2. The [Division of Wildlife]Department may, by
regulation, provide for the issuance of exempt numbers for motorboats not
required to be registered under the provisions of this chapter.

3. A motorboat need not be titled pursuant to the
provisions of this chapter, if it is already covered by a certificate of
ownership which has been awarded or issued to it pursuant to the title system
of another state.

Sec. 142. NRS 488.1793 is hereby amended to
read as follows:

488.1793 Except as otherwise provided for the creation
or transfer of a security interest, no transfer of title to or any interest in
any motorboat required to be numbered under this chapter is effective until one
of the following conditions is fulfilled:

1. The transferor has properly endorsed and delivered
the certificate of ownership and has delivered the certificate of number to the
transferee as provided in this chapter, and the transferee has, within the
prescribed time, delivered the documents to the [Division of Wildlife of
the State Department of Conservation and Natural Resources]Department or placed
them in the United States mail addressed to the [Division of Wildlife]Department with the
transfer fee.

2. The transferor has delivered to the [Division
of Wildlife]Department
or placed in the United States mail addressed to the [Division
of Wildlife]Department
the appropriate documents for the transfer of ownership pursuant
to the sale or transfer.

Sec. 143. NRS 488.1795 is hereby amended to
read as follows:

488.1795 Upon receipt of a properly endorsed
certificate of ownership and the certificate of number of any motorboat, the
transferee shall within 10 days file the certificates , accompanied by a fee of $5 , with the [Division
of Wildlife of the State Department of Conservation and Natural Resources]Department and
thereby make application for a new certificate of ownership and a new
certificate of number.

Sec. 144. NRS 488.1797 is hereby amended to
read as follows:

488.1797 1. Before the issuance of any certificate of
ownership, the [Division of Wildlife of the State Department of Conservation
and Natural Resources]Department shall obtain a statement in writing
signed by the transferee or transferor, showing:

(a) The date of the sale or other transfer of ownership
of the motorboat.

(b) The name and address of the seller or transferor.

(c) The name and address of the buyer or transferee.

2. Upon receipt of the properly endorsed certificate
of ownership, the certificate of number , and the required fee and statement of
information, the [Division of Wildlife]Department shall issue a
new certificate of ownership and a new certificate of number to the transferee.
The previous number may be reassigned to the transferee.

Sec. 145. NRS 488.1801 is hereby amended to
read as follows:

488.1801 Any owner of any motorboat numbered under
this chapter who sells or transfers his title or any interest in the motorboat
shall within 10 days notify the [Division of Wildlife of the State Department of Conservation
and Natural Resources]Department of the sale or transfer and furnish
the following information:

1. The name and address of the legal owner and
transferee; and

2. Such description of the motorboat as may be
required by the [Division of Wildlife.] Department.

488.1803 Any dealer upon transferring by sale, lease
or otherwise any motorboat, whether new or used, required to be numbered under
this chapter, shall give written notice of the transfer to the [Division
of Wildlife of the State Department of Conservation and Natural Resources]Department upon an
appropriate form provided by it. The notice must be given within 3 days after
the sale, but a dealer need not give the notice when selling or transferring a
new unnumbered motorboat to another dealer.

Sec. 147. NRS 488.1813 is hereby amended to
read as follows:

488.1813 1. If a certificate of ownership is lost,
stolen, damaged or mutilated, an application for transfer may be made upon a
form provided by the [Division of Wildlife of the State Department of Conservation
and Natural Resources]Department for a duplicate certificate of
ownership. The transferor shall write his signature and address in the
appropriate spaces provided upon the application and file it together with the
proper fees for a duplicate
certificate of ownership and transfer.

2. The [Division of Wildlife]Department may receive the
application and examine into the circumstances of the case and may require the
filing of affidavits or other information, and when the [Division of Wildlife]Department is
satisfied that the applicant is entitled to a transfer of ownership, it may
transfer the ownership of the motorboat, and issue a new certificate of
ownership[,]
and certificate of number to the person found to be entitled thereto.

Sec. 148. NRS 488.1823 is hereby amended to
read as follows:

488.1823 1. No security interest in any motorboat
required to be numbered under this chapter, whether the number was awarded
before or after the creation of the security interest, is perfected until the
secured party or his successor or assignee has deposited with the [Division
of Wildlife of the State Department of Conservation and Natural Resources]Department a
properly endorsed certificate of ownership to the motorboat subject to the
security interest.

2. The certificate must show the secured party as
legal owner if the motorboat is then numbered under this chapter, or if not so
numbered, the registered owner shall file an initial application for a
certificate of number and for a certificate of ownership and the certificate of
ownership issued thereunder must contain the name and address of the legal
owner.

3. Upon compliance with subsections 1 and 2, the
security interest is perfected and the records of the [Division of Wildlife]Department must show
the secured party or his successor or assignee as the legal owner of the
motorboat.

Sec. 149. NRS 488.1826 is hereby amended to
read as follows:

488.1826 1. If the [Division of Wildlife of
the State Department of Conservation and Natural Resources]Department receives
a copy of a court order issued pursuant to NRS 425.540 that provides for the
suspension of all professional, occupational and recreational licenses,
certificates and permits issued to a person who has been issued a certificate
of number or a validation decal, the [Division of Wildlife]Department shall
deem the certificate of number or validation decal issued to that person to be
suspended at the end of the 30th day after the date on which the court order
was issued unless the [Division of Wildlife]Department receives a
letter issued by the district attorney or other public agency pursuant to NRS
425.550 to the person who has been issued the certificate of number or
validation decal stating that the person has complied
with the subpoena or warrant or has satisfied the arrearage pursuant to NRS
425.560.

person has complied with the subpoena or warrant or has
satisfied the arrearage pursuant to NRS 425.560.

2. The [Division of Wildlife]Department shall reinstate
a certificate of number or validation decal that has been suspended by a
district court pursuant to NRS 425.540 if the [Division of Wildlife]Department receives
a letter issued by the district attorney or other public agency pursuant to NRS
425.550 to the person whose certificate of number or validation decal was
suspended stating that the person whose certificate of number or validation
decal was suspended has complied with the subpoena or warrant or has satisfied
the arrearage pursuant to NRS 425.560.

Sec. 150. NRS 488.1827 is hereby amended to
read as follows:

488.1827 The [Division of Wildlife of
the State Department of Conservation and Natural Resources]Department may
suspend or revoke any certificate of ownership, certificate of number or number
of any motorboat if it is satisfied that any such certificate or number was
fraudulently obtained, or that the appropriate fee was not paid.

Sec. 151. NRS 488.195 is hereby amended to
read as follows:

488.195 1. The exhaust of every internal combustion
engine used on any motorboat must be effectively muffled by equipment so
constructed and used as to muffle the noise of the exhaust in a reasonable
manner.

2. The use of cutouts is prohibited.

3. Subsections 1 and 2 do not apply to:

(a) Motorboats competing in a regatta or boat race
approved as provided in NRS 488.305;

(b) Such motorboats while on trial runs between the
hours of 9 a.m. and 5 p.m. and during a period not to exceed 48 hours
immediately preceding the regatta or boat race;

(c) Such motorboats while competing in official trials
for speed records during a period not to exceed 48 hours immediately following
the regatta or boat race; or

(d) Any motorboat operating under a separate permit
issued by the [Division of Wildlife of the State Department of Conservation
and Natural Resources]Department for tuning engines, making test or
trial runs or competing in official trials for speed records other than in
connection with regattas or boat races.

4. The [Division of Wildlife]Department shall issue
permits for the purposes enumerated in paragraph (a) of subsection 3, under
such conditions and restrictions as the Commission determines necessary to
prevent a public nuisance and to assure the public safety. The Commission may
adopt regulations to carry out the provisions of this subsection.

Sec. 152. NRS 488.197 is hereby amended to
read as follows:

488.197 1. No vessel may be equipped with nor shall
any person use or install upon a vessel a siren, except as otherwise provided
in this chapter.

2. Any authorized emergency vessel, when approved by
the [Division of Wildlife of the State Department of Conservation
and Natural Resources,]Department, may be equipped with a siren
capable of sound audible under normal conditions from a distance of not less
than 500 feet, but the siren must not be used except if the vessel is operated
in response to an emergency call or in the immediate pursuit of an actual or
suspected violator of the law, in which event the operator of the vessel shall
sound the siren when necessary to warn persons of the approach thereof.

488.259 1. Except as otherwise provided in NRS
488.263, a person shall not place any mooring buoy in any waters of this state,
other than the Lake Mead National Recreation Area, without a permit issued by:

(a) The Division of State Lands, if the mooring buoy is
to be placed in navigable waters.

(b) The [Division of Wildlife of the State Department of Conservation
and Natural Resources,]Department, if the mooring buoy is to be
placed in any other waters.

2. The Division of State Lands shall transmit a copy
of each application for a permit for the placement of a mooring buoy in the
navigable waters of this state to the [Division of Wildlife]Department as soon
as practicable after receipt.

3. Upon receipt of such a copy, the [Division
of Wildlife]Department
shall review the application to determine whether the placement
of the buoy is in the best interests of the State. To determine whether the
placement of a mooring buoy is in the best interests of the State, the [Division
of Wildlife]Department
may consider the likelihood that the buoy will:

(a) Interfere with navigation.

(b) Become a hazard to persons or wildlife.

(c) Have any other detrimental effect on the body of
water in which it is placed.

4. If the [Division of Wildlife]Department determines
that the permit should be denied, [it]the Department shall
submit such a recommendation to the Division of State Lands and provide a brief
summary of the reason for the recommendation within 30 days after the date on
which the application was transmitted.

5. If the Division of State Lands does not receive a
recommendation for the denial of the permit from the [Division of Wildlife]Department within
the 30-day period provided in subsection 4, the application shall be deemed to
be approved by the [Division of Wildlife.] Department.

Sec. 154. NRS 488.261 is hereby amended to
read as follows:

488.261 1. The [Division of Wildlife of
the State Department of Conservation and Natural Resources]Department may issue
to any person a permit to place a mooring buoy in the nonnavigable waters of
this state. The [Division of Wildlife]Department shall charge
and collect a fee in the amount set by the Commission for each permit issued
pursuant to this subsection. Unless suspended or revoked by the [Division
of Wildlife,]Department,
a permit issued pursuant to this subsection is valid through
December 31 of the year in which it is issued. Such a permit may be renewed
annually by paying the fee set by the Commission on or before January 1 of each
year.

2. The [Division of Wildlife]Department may issue a
permit for the temporary placement of a buoy, other than a navigational aid,
for practice courses or marine events. The [Division of Wildlife]Department shall
charge and collect a fee in the amount set by the Commission for each permit
issued pursuant to this subsection. Unless suspended or revoked by the [Division
of Wildlife,]Department,
a permit issued pursuant to this subsection is valid for the
period indicated on the face of the permit which must not exceed 6 months.

(a) The issuance and renewal of permits for mooring
buoys pursuant to subsection 1 which must not be more than $100 for each buoy
per year.

(b) The issuance of permits for the temporary placement
of buoys for practice courses or marine events pursuant to subsection 2 which
must not be more than $50 per buoy.

4. The Commission may:

(a) Adopt such regulations as are necessary to carry
out the provisions of NRS 488.257 to 488.285, inclusive; and

(b) Establish a schedule of administrative fines for
the violation of those regulations which may be assessed in addition to any
criminal penalties for the same act.

5. The [Division of Wildlife]Department is responsible
for the enforcement of the laws of this state governing mooring buoys and may:

(a) Revoke or suspend a permit for a mooring buoy
issued pursuant to subsection 1 or 2 or by the Division of State Lands if:

(1) The person responsible for the buoy fails to
comply with all applicable statutes and regulations concerning the buoy; or

(2) The buoy becomes a hazard to navigation.

(b) Remove any mooring buoy determined to be unlawfully
placed.

6. This section does not require an agency of this
state or the United States Government to obtain written authorization to place,
move, remove, destroy or tamper with buoys or navigational aids on the
navigable waters of this state.

Sec. 155. NRS 488.285 is hereby amended to
read as follows:

488.285 1. Except as otherwise provided in subsection
2:

(a) A person shall not moor any vessel to any buoy or
navigational aid placed in any waterway by authority of the United States or
any other governmental authority, or in any manner attach a vessel to any such
buoy or navigational aid.

(b) A person shall not place, move, remove, destroy or
tamper with any buoy or other navigational aid without written authorization
from the [Division of Wildlife of the State Department of Conservation
and Natural Resources.] Department.

2. The provisions of subsection 1 do not apply to
mooring buoys.

3. A person who violates a provision of subsection 1
shall be punished:

(a) If no injury results from the violation, for a
misdemeanor.

(b) If bodily injury or property damage in excess of
$200 results from the violation, for a gross misdemeanor.

(c) If a human death results from the violation, for a
category D felony as provided in NRS 193.130.

4. Nothing in this section requires an agency of this
state or the United States Government to obtain written authorization to place,
move, remove, destroy or tamper with buoys or navigational aids on navigable
waters of this state.

Sec. 156. NRS 488.291 is hereby amended to
read as follows:

488.291 1. A person shall not abandon a vessel upon a
public waterway or public or private property without the consent of the owner
or person in lawful possession or control of the property.

2. The abandonment of any vessel in a manner
prohibited by subsection 1 is prima facie evidence that the last registered
owner of record, unless he has notified the [Division of Wildlife of
the State Department of Conservation and Natural Resources]Department or other
appropriate agency of his relinquishment of title or
interest therein, is responsible for the abandonment.

agency of his relinquishment of title or interest therein, is
responsible for the abandonment. The person so responsible is liable for the
cost of removal and disposition of the vessel.

3. A game warden, sheriff or other peace officer of
this state may remove a vessel from a public waterway when:

(a) The vessel is left unattended and is adrift,
moored, docked, beached or made fast to land in such a position as to interfere
with navigation or in such a condition as to create a hazard to other vessels
using the waterway, to public safety or to the property of another.

(b) The vessel is found upon a waterway and a report
has previously been made that the vessel has been stolen or embezzled.

(c) The person in charge of the vessel is by reason of
physical injuries or illness incapacitated to such an extent as to be unable to
provide for its custody or removal.

(d) An officer arrests a person operating or in control
of the vessel for an alleged offense, and the officer is required or permitted
to take, and does take, the person arrested before a magistrate without
unnecessary delay.

(e) The vessel seriously interferes with navigation or
otherwise poses a critical and immediate danger to navigation or to the public
health, safety or welfare.

Sec. 157. NRS 488.293 is hereby amended to
read as follows:

488.293 1. A peace officer may attempt to identify
the registered owner of a vessel abandoned on private property by inspection of
the vessel and any trailer to which it is attached and may supply the
information to the property owner. The property owner must declare by affidavit
the reasons why he believes the property to be abandoned. The property owner
must give 5 days notice to the last registered owner before causing the
removal of the vessel. If the last registered owner is unknown or cannot be
notified, the vessel may immediately be removed to a secure location designated
by a peace officer.

2. A peace officer shall, within 48 hours after
directing the removal of an abandoned vessel on a public waterway or public or
private property, notify the [Division of Wildlife of the State Department of Conservation
and Natural Resources]Department of the status of the vessel.

3. A law enforcement agency that has custody of an
abandoned vessel shall, if the agency knows or can reasonably discover the name
and address of the owner of the vessel or any person who holds a security
interest in the vessel, notify the owner or the holder of the security interest
of the location of the vessel and the method by which the vessel may be
claimed. The notice must be sent by certified or registered mail.

4. If the abandoned vessel is held by a law
enforcement agency as evidence in the investigation or prosecution of a
criminal offense, the notice required by subsection 3 must be sent:

(a) Upon the decision of the law enforcement agency or
district attorney not to pursue or prosecute the case;

(b) Upon the conviction of the person who committed the
offense; or

(c) If the case is otherwise terminated.

5. Failure to reclaim the vessel within 180 days after
the date the notice is mailed constitutes a waiver of interest in the vessel by
any person having an interest in the vessel and the vessel shall be deemed
abandoned for all purposes.

6. If all recorded interests in a vessel are waived,
as provided in subsection 5 or by written disclaimer, the [Division of Wildlife]Department may issue
a certificate of ownership to the law enforcement agency that has custody of
the vessel. If necessary, the [Division of Wildlife]Department may assign a
hull number to the vessel. This subsection does not preclude the subsequent
return of a vessel, or any component part thereof, by a law enforcement agency
to the registered owner of the vessel upon presentation by the registered owner
of satisfactory proof of ownership.

7. A law enforcement agency to which a certificate of
ownership is issued pursuant to subsection 6 may use, sell or destroy the
vessel, and shall keep a record of the disposition of the vessel. If the law
enforcement agency:

(a) Sells the vessel, all proceeds from the sale of the
vessel become the property of the law enforcement agency.

(b) Destroys the vessel, the law enforcement agency
shall, within 10 days, give notice of the destruction of the vessel to the [Division
of Wildlife.]
Department.

Sec. 158. NRS 488.305 is hereby amended to
read as follows:

488.305 1. The [Division of Wildlife of
the State Department of Conservation and Natural Resources]Department may
authorize the holding of regattas, motorboat or other boat races, marine
parades, tournaments or exhibitions on any waters of this state. The Commission
shall adopt regulations concerning the safety of motorboats and other vessels
and persons thereon, either observers or participants.

2. At least 30 days before a regatta, motorboat or
other boat race, marine parade, tournament or exhibition is proposed to be
held, the person in charge thereof must file an application with the [Division
of Wildlife]Department
for permission to hold the regatta, motorboat or other boat race,
marine parade, tournament or exhibition. No such event may be conducted without
the written authorization of the [Division of Wildlife.] Department.

3. The [Administrator]Director of the [Division of Wildlife]Department may
require an applicant, or the sponsor of the event, as a condition of the
approval of a regatta, motorboat or other boat race, marine parade, tournament
or exhibition, to enter into an agreement to reimburse the [Division]Department for
expenses incurred by the [Division]Department to ensure that the event is
conducted safely, including, without limitation, expenses for equipment used,
expenses for personnel and general operating expenses.

4. The application must set forth the date, time and
location where it is proposed to hold the regatta, motorboat or other boat
race, marine parade, tournament or exhibition, the type of vessels
participating, the number and kind of navigational aids required and the name
of a person who will be present at the event to ensure that the conditions of
the permit are satisfied.

5. The provisions of this section do not exempt any
person from compliance with applicable federal law or regulation.

Sec. 159. NRS 488.320 is hereby amended to
read as follows:

488.320 1. A person shall not maintain or operate
upon the waters of this state any vessel which is equipped with a marine
sanitation device unless the device is approved by the United States Coast
Guard and:

(a) Is designed to prevent the overboard discharge of
treated and untreated sewage; or

(b) Is adequately secured to prevent the overboard
discharge of treated and untreated sewage.

2. It is unlawful for any person to discharge or
attempt to discharge sewage from a vessel into the waters of this state.

3. The Commission shall adopt regulations:

(a) That it determines are necessary to carry out the
provisions of this section; and

(b) Establishing a schedule of civil penalties for
various violations of this section and those regulations.

4. A person who violates any provision of this section
or the regulations adopted pursuant to subsection 3:

(a) Is guilty of a misdemeanor; and

(b) In addition to any criminal penalty, is subject to:

(1) The suspension of the certificate of number
of his vessel for 180 consecutive days; and

(2) A civil penalty of not less than $250, as
established in regulations adopted by the Commission, payable to the [Division
of Wildlife of the State Department of Conservation and Natural Resources.] Department.

(b) Marine sanitation device means a toilet facility
which is installed on board a vessel and which is designed to receive, retain,
treat or discharge sewage, and any process to treat that sewage. The term does
not include portable devices which are designed to be carried onto and off of a
vessel.

(c) Sewage means wastes from the human body and
wastes from toilets or other receptacles, including marine sanitation devices,
designed to receive or retain wastes from the human body.

(d) Vessel includes any watercraft or structure
floating on the water, whether or not capable of self-locomotion, including
houseboats, barges and similar structures.

Sec. 160. NRS 488.550 is hereby amended to
read as follows:

488.550 1. The operator of a vessel involved in a
collision, accident or other casualty shall, so far as he can do so without
serious danger to his own vessel, crew and passengers, render to other persons
affected by the casualty such assistance as may be practicable and as may be
necessary to save them from or minimize any danger caused by the casualty, and
shall give his name, address and the identification of his vessel in writing to
any person injured and to the owner of any property damaged in the casualty.

2. In the case of collision, accident or other
casualty involving a vessel, the operator thereof, if the casualty results in
death or injury to a person or damage to property in excess of $500, shall file
with the [Division of Wildlife of the State Department of Conservation
and Natural Resources]Department a full description of the casualty,
including, without limitation, such information as the Commission may, by
regulation, require.

3. Upon receipt of a claim under a policy of insurance
with respect to a collision, accident or other casualty for which a report is
required by subsection 2, the insurer shall provide written notice to the
insured of his responsibility pursuant to subsection 2 to file with the [Division
of Wildlife]Department
a full description of the casualty.

4. Upon receipt of a request for repair with respect
to a collision, accident or other casualty for which a report is required by
subsection 2, the person who repairs the vessel shall provide written notice to
the person requesting the repairs of the requirement set forth in subsection 2
that the operator file with the [Division of Wildlife]
Department a full description of the casualty.

operator file with the [Division of Wildlife]Department a full
description of the casualty.

5. The insurer and the person who repairs a vessel
shall transmit a copy of each notice they provide pursuant to subsections 3 and
4, respectively, to the [Division of Wildlife]Department at the same
time the notice is provided to the insured or person requesting the repairs.

6. The [Division of Wildlife]Department shall
investigate or cause to be investigated a collision, accident or other casualty
involving a vessel which results in death or substantial bodily injury and
shall gather evidence to be used in the prosecution of a person charged with
violating a law in connection with the collision, accident or other casualty.
The [Division of Wildlife]Department may investigate
or cause to be investigated a collision, accident or other casualty involving a
vessel which does not result in death or substantial bodily injury and may
gather evidence to be used in the prosecution of a person charged with violating
a law in connection with the collision, accident or other casualty.

Sec. 161. NRS 488.560 is hereby amended to
read as follows:

488.560 In accordance with any request made by an
authorized official or agency of the United States, any information compiled or
otherwise available to the [Division of Wildlife of the State Department of Conservation
and Natural Resources]Department pursuant to NRS 488.550 must be
transmitted to the official or agency of the United States.

Sec. 162. NRS 488.740 is hereby amended to
read as follows:

488.740 1. The [Division]Department shall
certify persons to provide, in cooperation with the [Division,]Department, instruction
in safe boating approved by the National Association of State Boating Law
Administrators. All persons who successfully complete the course must be issued
a certificate evidencing successful completion.

2. The [Division]Department may offer the courses in
cooperation with organizations that provide education in safe boating,
including, without limitation, the United States Coast Guard Auxiliary and the
United States Power Squadrons.

3. The [Division]Department shall maintain a list, available
for public inspection, of the availability of courses in safe boating and any
instructors who are certified pursuant to subsection 1.

Sec. 163. NRS 488.750 is hereby amended to
read as follows:

488.750 1. A person born on or after January 1, 1983,
who is a resident of this state and who possesses a certificate that evidences
his successful:

(a) Completion of a course in safe boating that is
approved by the National Association of State Boating Law Administrators,
including, without limitation, courses offered pursuant to NRS 488.740 and
courses offered by the United States Coast Guard Auxiliary or the United States
Power Squadrons; or

(b) Passage of a proficiency examination that was
proctored and tests the knowledge of the information included in the curriculum
of such a course,

shall submit or cause to be submitted a copy of the
certificate to the [Division. The Division]Department. The Department may
request additional information necessary for the [Division]Department to
maintain the database pursuant to subsection 2.

2. The [Division]Department shall establish and maintain a
database of certificates that it receives pursuant to subsection 1. The
database must include, without limitation, the:

(a) Name, date of birth and gender of the holder of the
certificate;

(b) Date, location and name of the course that the
holder of the certificate completed or the examination that he passed; and

(c) Number on the certificate.

Sec. 164. NRS 488.900 is hereby amended to
read as follows:

488.900 1. Every game warden, sheriff and other peace
officer of this state and its political subdivisions shall enforce the
provisions of this chapter and may stop and board any vessel subject to the
provisions of this chapter.

2. Any vessel located upon the waters of this state is
subject to inspection by the [Division of Wildlife of the State Department of Conservation
and Natural Resources]Department or any lawfully designated agent or
inspector thereof at any time to determine whether the vessel is equipped in
compliance with the provisions of this chapter.

3. Any vessel located upon the waters of this state is
subject to inspection by the Division of Environmental Protection of the State
Department of Conservation and Natural Resources or any lawfully designated
agent or inspector thereof at any time to determine whether the vessel is
equipped in compliance with the provisions of NRS 488.320. As used in this
subsection, vessel includes any watercraft or structure floating on the
water, whether or not capable of self-locomotion, including houseboats, barges
and similar structures.

Sec. 165. NRS 528.053 is hereby amended to
read as follows:

528.053 1. No felling of trees, skidding, rigging or
construction of tractor or truck roads or landings, or the operation of
vehicles, may take place within 200 feet, measured on the slope, of the high
water mark of any lake, reservoir, stream or other body of water unless a
variance is first obtained from a committee composed of the State Forester
Firewarden, the [Administrator]Director of the [Division of Wildlife of
the State] Department of [Conservation and Natural
Resources]Wildlife
and the State Engineer.

2. The committee may grant a variance authorizing any
of the activities prohibited by subsection 1 within a 200-foot buffer area if
the committee determines that the goals of conserving forest resources and
achieving forest regeneration, preserving watersheds, reaching or maintaining
water quality standards adopted by federal and state law, continuing water
flows, preserving and providing for the propagation of fish life and stream
habitat and preventing significant soil erosion will not be compromised.

3. In acting on a request for such variances , the committee shall consider
the following factors:

(a) The extent to which such requested activity is
consistent with good forestry management for the harvesting of timber;

(b) The extent to which such requested activity
significantly impedes or interrupts the natural volume and flow of water;

(c) The extent to which such requested activity
significantly affects a continuation of the natural quality of the water
pursuant to state and federal water quality standards;

(d) The extent to which such requested activity is
consistent with the prevention of significant soil erosion;

(e) The extent to which such requested activity may
significantly obstruct fish passage, cause sedimentation in fish spawning
areas, infringe on feeding and nursing areas and cause variations of water
temperatures; and

(f) The filtration of sediment-laden water as a
consequence of timber harvesting on adjacent slopes.

Sec. 166. NRS 534A.070 is hereby amended to
read as follows:

534A.070 1. The Administrator of the Division of
Minerals of the Commission on Mineral Resources shall approve or reject an
application for a permit to drill an exploratory well within 10 days after he
receives the application in proper form. The permit must not be effective for
more than 2 years, but may be extended by the Administrator.

2. Upon receipt of an application for a permit to
drill or operate a geothermal well, the Administrator of the Division of
Minerals shall transmit copies of the application to the State Engineer, the
Administrator of the Division of Environmental Protection of the State
Department of Conservation and Natural Resources , and the [Administrator]Director of the [Division
of Wildlife of the State] Department of [Conservation
and Natural Resources.]Wildlife. After consultation with the State
Engineer , the Administrator of
the Division of Environmental Protection, and [each
of the Administrators,] the Director of the Department of Wildlife,
the Administrator of the Division of Minerals may issue a permit to drill or
operate a geothermal well if it is determined that issuance of a permit is
consistent with:

(a) The policies specified in NRS 445A.305 and 445B.100;

(b) The purposes of chapters 533 and 534 of NRS; and

(c) The purposes specified in chapter 501 of NRS.

3. The Administrator of the Division of Minerals shall
approve or reject the application to drill or operate a geothermal well within
90 days after he receives it in proper form, unless it is determined that a
conflict exists pursuant to subsection 2 or a public hearing is necessary
pursuant to subsection 4. Notice of the conflict or need for a public hearing
must be provided to the applicant within the 90-day period.

4. The State Engineer and the Administrator of the
Division of Minerals may hold public hearings jointly or separately to gather
such evidence or information as they deem necessary for a full understanding of
all the rights involved and to guard properly the public interest.

5. A permit issued pursuant to this section must
include any conditions:

(a) Deemed necessary by the Administrator of the
Division of Minerals to carry out the purposes of this section; and

(b) Imposed by the State Engineer consistent with the
provisions of chapters 533 and 534 of NRS.

Sec. 167. NRS 535.060 is hereby amended to
read as follows:

535.060 1. On any stream system and its tributaries
in this state the distribution of the waters of which are vested in the State
Engineer by law or the final decree of court, where beaver, by the construction
of dams or otherwise, are found to be interfering with the lawful and necessary
distribution of water to the proper users thereof, the State Engineer, upon complaint
of any interested water user, shall investigate or cause the investigation of
the matter.

2. The State Engineer and his assistants and water
commissioners and the [Division of Wildlife of the State]
Department of [Conservation and Natural Resources]Wildlife and its agents
may enter upon privately owned lands for the purposes of
investigating the conditions complained of and the removal and trapping of
beaver.

lands for the purposes of investigating the conditions
complained of and the removal and trapping of beaver.

3. If satisfied that such beaver are interfering with
the flow of water to the detriment of water users, the State Engineer shall
serve a written notice on the owner of the land, if it is privately owned,
stating:

(a) That the beaver thereon are interfering with or
stopping the flow of water necessary for the proper serving of water rights;
and

(b) That unless, within 10 days from receipt of the
notice, written objection to the removal of such beaver is filed with the State
Engineer by the landowner, the [Division of Wildlife of the State]
Department of [Conservation and Natural Resources]Wildlife will remove such
beaver or as many thereof as will rectify the existing conditions.

4. Failure of the landowner to file such written
objections shall be deemed a waiver thereof. Upon receipt of written objections
, the State Engineer
may make further investigation and may sustain or overrule the objections as
the facts warrant. Upon the overruling of the objections, the landowner may
have them reviewed by the district court having jurisdiction of the land by
filing therein a petition for review within 10 days from the receipt of the
order of the State Engineer overruling the objections. The proceedings on the
petition must be informal and heard by the court at the earliest possible
moment.

5. Upon the landowners waiver of objections to the
removal of beaver from his land, or upon final determination by the court that
the beaver should be removed, the State Engineer shall immediately notify the [Division
of Wildlife]Department
of Wildlife of the waiver or determination and the [Division]Department or its
agents shall enter upon the land from which the beaver are to be removed and
remove them or as many as may be necessary to prevent the improper flow of
water as directed by the State Engineer.

6. The State Engineer may remove or cause the removal
of any beaver dam found to be obstructing the proper and necessary flow of
water to the detriment of water users.

Sec. 168. NRS 561.301 is hereby amended to
read as follows:

561.301 Aquatic agriculture, which includes the
propagation, cultivation and harvesting of plants indigenous to water in a
controlled or selected aquatic environment for the commercial production of
food, is one of the agricultural enterprises conducted in this state. The
Department shall promote, protect and regulate aquatic agriculture to the
extent that the Department is authorized to regulate other forms of agriculture
and other agricultural products. The Department shall confer with the [Division
of Wildlife of the State] Department of [Conservation
and Natural Resources]Wildlife regarding aquatic agriculture to
prevent any adverse effects on existing aquatic animals.

Sec. 169. NRS 571.120 is hereby amended to
read as follows:

571.120 1. The Department shall do all things
necessary for the control and eradication of infectious, contagious or
parasitic diseases of livestock.

2. The Director shall cooperate with the [Administrator]Director of the [Division
of Wildlife of the State] Department of [Conservation
and Natural Resources]Wildlife in a program to prevent the spread of
communicable diseases in livestock and wildlife in this state.

3. As used in this section, wildlife has the meaning
ascribed to it in NRS 501.097.

576.129 1. It is unlawful for any person to import,
possess or propagate any alternative livestock unless he first obtains from the
State Board of Agriculture a permit that authorizes him to do so.

2. The State Board of Agriculture shall adopt
regulations for the importation, possession and propagation of alternative
livestock. The regulations must set forth requirements for:

(a) Facilities used to confine alternative livestock,
including minimum requirements for fencing to prevent the escape of alternative
livestock.

(b) The genetic testing of alternative livestock.

(c) Keeping and maintaining records related to the
importation, transfer, possession and propagation of alternative livestock.

(d) Identifying and marking alternative livestock.

(e) Marketing alternative livestock.

(f) The filing of any bonds which may be required by
the State Board of Agriculture.

3. In adopting the regulations required by subsection
2, the State Board of Agriculture shall consult with the [Division of Wildlife of
the State] Department of [Conservation and Natural
Resources]Wildlife
and the Board of Wildlife Commissioners concerning the provisions
that are necessary to protect wildlife in this state and in the areas
designated as areas of special concern by the Board of Wildlife Commissioners
pursuant to NRS 501.181.

4. The State Board of Agriculture shall establish by
regulation a schedule of fees required to be paid for a permit issued pursuant
to this section. The fees established must not exceed the approximate cost to
the Board of carrying out the provisions of this section.

Sec. 171. NRS 576.131 is hereby amended to
read as follows:

576.131 1. An owner of alternative livestock may
request assistance from the State Department[, the Division of
Wildlife of the State]of Agriculture, the Department of [Conservation
and Natural Resources]Wildlife and local law enforcement agencies to
recapture any alternative livestock that has escaped from confinement.

2. Any alternative livestock that is recaptured may be
impounded at a suitable facility until sufficient repairs or improvements are
made to the owners facility to ensure that the escape of the alternative livestock
does not recur.

3. The owner of the alternative livestock is liable
for:

(a) The costs incurred by the State Department[, the Division of
Wildlife of the State]of Agriculture, the Department of [Conservation
and Natural Resources]Wildlife and any local law enforcement agency
to recapture the alternative livestock;

(b) The costs of impounding the alternative livestock;
and

(c) Any damages caused by the alternative livestock
during the escape.

1. In preparing the reprint and supplements to the Nevada
Revised Statutes, with respect to any section that is not amended by this act
or is further amended by another act, appropriately change any reference to:

AN ACT relating to
workers compensation; excluding certain sports officials from the definition
of employee for the purposes of the provisions governing workers
compensation for injuries and occupational diseases; revising the circumstances
under which officers or managers of certain corporations or companies may
reject coverage for themselves for the purposes of the provisions governing
workers compensation for injuries and occupational diseases; and providing
other matters properly relating thereto.

[Approved: May 28, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 616A.110 is hereby amended to
read as follows:

616A.110Employee excludes:

1. Any person whose employment is both casual and not
in the course of the trade, business, profession or occupation of his employer.

2. Any person engaged as a theatrical or stage
performer or in an exhibition.

3. Musicians when their services are merely casual in
nature and not lasting more than 2 consecutive days, and not recurring for the
same employer, as in wedding receptions, private parties and similar
miscellaneous engagements.

4. Any person engaged in household domestic service,
farm, dairy, agricultural or horticultural labor, or in stock or poultry
raising, except as otherwise provided in chapters 616A to 616D, inclusive, of
NRS.

5. Any person performing services as a voluntary ski
patrolman who receives no compensation for his services other than meals,
lodging, or use of the ski tow or lift facilities.

6. Any
person who performs services as a sports official for a nominal fee at a
sporting event that is amateur, intercollegiate or interscholastic and is
sponsored by a public agency, public entity or private, nonprofit organization.
As used in this subsection, sports official includes an umpire, referee, judge, scorekeeper, timekeeper or other person
who is a neutral participant in a sporting event.

(a) Directly sells or solicits the sale of products, in
person or by telephone:

(1) On the basis of a deposit, commission,
purchase for resale or similar arrangement specified by the Administrator by
regulation, if the products are to be resold to another person in his home or
place other than a retail store; or

(2) To another person from his home or place
other than a retail store;

(b) Receives compensation or remuneration based on
sales to customers rather than for the number of hours that he works; and

(c) Performs pursuant to a written agreement with the
person for whom the services are performed which provides that he is not an
employee for the purposes of this chapter.

Sec. 2. NRS 616B.624 is
hereby amended to read as follows:

616B.624 1. If a quasi-public or private corporation
or a limited-liability company is required to be insured pursuant to chapters
616A to 616D, inclusive, of NRS, an officer of the corporation or a manager of
the company who:

(a) Receives pay for services performed as an officer,
manager or employee of the corporation or company shall be deemed for the
purposes of those chapters to receive a minimum pay of $6,000 per policy year
and a maximum pay of $36,000 per policy year.

(b) Does not receive pay for services performed as an
officer, manager or employee of the corporation or company shall be deemed for
the purposes of those chapters to receive a minimum pay of $500 per month or
$6,000 per policy year.

2. An officer or manager who does not receive pay for
services performed as an officer, manager or employee of the corporation or company
may elect to reject coverage for himself by filing written notice thereof with
the corporation or company and the insurer. The rejection is effective upon
receipt of the notice by the insurer.

3. An officer or manager of such a corporation or company
who:

(a) Owns the corporation or company; and

(b) [Operates the corporation or company exclusively from his
primary residence; and

(c)]
Receives pay for the services performed,

may elect to reject coverage for himself by filing written
notice thereof with the insurer. The rejection is effective upon receipt of the
notice by the insurer.

4. An officer or manager who has rejected coverage may
rescind that rejection by filing written notice thereof with the corporation or
company and the insurer. The rescission is effective upon receipt of the notice
by the insurer. Except as otherwise provided in subsection 3, if an officer or
manager who has rejected coverage receives pay for services performed as an officer, manager or employee of the corporation or company,
the officer or manager shall be deemed to have rescinded that rejection.

an officer, manager or employee of the corporation or
company, the officer or manager shall be deemed to have rescinded that
rejection.

5. A nonprofit corporation whose officers do not
receive pay for services performed as officers or employees of the corporation
may elect to reject coverage for its current officers and all future officers
who do not receive such pay by filing written notice thereof with the
corporation and the insurer. The rejection is effective upon receipt of the
notice by the insurer.

6. A nonprofit corporation which has rejected coverage for
its officers who do not receive pay for services performed as officers or
employees of the corporation may rescind that rejection by filing written
notice thereof with the corporation and the insurer. The rescission is effective
upon receipt of the notice by the insurer. If an officer of a nonprofit
corporation which has rejected coverage receives pay for services performed as
an officer or employee of the corporation, the corporation shall be deemed to
have rescinded that rejection.

Sec. 3. NRS 617.080 is hereby amended to read as
follows:

617.080Employee excludes:

1. Any person whose employment is both casual and not
in the course of the trade, business, profession or occupation of his employer.

2. Any person engaged in household domestic service,
farm, dairy, agricultural or horticultural labor, or in stock or poultry
raising, except as otherwise provided in this chapter.

3. Any person engaged as a theatrical or stage
performer or in an exhibition.

4. Musicians when their services are merely casual in
nature and not lasting more than 2 consecutive days, and not recurring for the
same employer, as in wedding receptions, private parties and similar
miscellaneous engagements.

5. Any person performing services as a voluntary ski
patrolman who receives no compensation for his services other than meals,
lodging , or use of
the ski tow or lift facilities.

6. Any
person who performs services as a sports official for a nominal fee at a
sporting event that is amateur, intercollegiate or interscholastic and is
sponsored by a public agency, public entity or private, nonprofit organization.
As used in this subsection, sports official includes an umpire, referee,
judge, scorekeeper, timekeeper or other person who is a neutral participant in
a sporting event.

7. Any
person who:

(a) Directly sells or solicits the sale of products, in
person or by telephone:

(1) On the basis of a deposit, commission,
purchase for resale or similar arrangement specified by the Administrator of
the Division of Industrial Relations of the Department of Business and Industry
by regulation, if the products are to be resold to another person in his home
or place other than a retail store; or

(2) To another person from his home or place
other than a retail store;

(b) Receives compensation or remuneration based on
sales to customers rather than for the number of hours that he works; and

(c) Performs pursuant to a written agreement with the
person for whom the services are performed which provides that he is not an
employee for the purposes of this chapter.

617.207 1. If a quasi-public or private corporation
or limited-liability company is required to be insured pursuant to this
chapter, an officer of the corporation or a manager of the company who:

(a) Receives pay for service performed shall be deemed
for the purposes of this chapter to receive a minimum pay of $6,000 per policy
year and a maximum pay of $36,000 per policy year.

(b) Does not receive pay for services performed shall
be deemed for the purposes of this chapter to receive a minimum pay of $500 per
month or $6,000 per policy year.

2. An officer or manager who does not receive pay for
services performed may elect to reject coverage for himself by filing written
notice thereof with the corporation or company and the insurer. The rejection
is effective upon receipt of the notice by the insurer.

3. An officer or manager of such a corporation or
company who:

(a) Owns the corporation or company; and

(b) [Operates the corporation or company exclusively from his
primary residence; and

(c)]
Receives pay for the services performed,

may elect to reject coverage for himself by filing written
notice thereof with the insurer. The rejection is effective upon receipt of the
notice by the insurer.

4. An officer or manager who has rejected coverage may
rescind that rejection by filing written notice thereof with the corporation or
company and the insurer. The rescission is effective upon receipt of the notice
by the insurer.

AN ACT relating to
minors; providing for the judicial approval of certain contracts for the
artistic, creative or athletic services or intellectual property of minors; and
providing other matters properly relating thereto.

[Approved: May 28, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.Chapter 609 of NRS is hereby
amended by adding thereto the provisions set forth as sections 2 to 18,
inclusive, of this act.

Sec. 2.As
used in sections 2 to 18, inclusive, of this act, unless the context otherwise
requires, the words and terms defined in sections 3 to 9, inclusive, of this
act have the meanings ascribed to them in those sections.

Sec. 10.1. An interested party may petition the court for approval of a contract
by filing a written petition for approval of the contract in the court of the
county in which:

(a) The minor
resides;

(b) The minor
will be rendering services pursuant to the contract; or

(c) A party to
the contract has its principal office for the transaction of business.

2. The
petition must be verified by the petitioner and must contain the following
items:

(a) The full
name, date of birth, place of birth and physical address of the minor.

(b) The full
name and physical address of any living parent of the minor.

(c) The full
name and physical address of any person who has care and custody of the minor.

(d) Whether the
minor has, at any time, had a guardian appointed for him by a court in any
jurisdiction or pursuant to a will or deed.

(e) If the
minor is not a resident of this state, the location in this state at which the
minor will be rendering services pursuant to the contract.

(f) A summary
of the nature and provisions of the contract.

(g) A schedule
showing the estimated:

(1) Gross
earnings of the minor pursuant to the contract;

(2) Deductions
from the earnings of the minor required by law;

(3) Reasonable
fees and expenses to be paid in connection with the contract and its
performance;

(4) Reasonable
sums to be expended for the support, care, education, training and professional
management of the minor; and

(5) Net
earnings of the minor pursuant to the contract.

(h) Whether any
person is entitled to receive any portion of the earnings of the minor and a
detailed description of the financial circumstances of any such person.

(i) A statement
acknowledging that the minor and a parent, custodian or guardian of the minor
consent to an order of the court setting aside a portion of the net earnings of
the minor for the benefit of the minor.

(j) The
relationship of the petitioner to the minor and the interest of the petitioner
in the contract or in the performance of the minor pursuant to the contract, if
any.

(k) A statement
acknowledging that the term of the contract during which the minor is to render
services, if applicable, may not extend beyond 5 years from the date of
approval of the contract by the court.

(l) A statement
describing any other covenants or conditions contained in the contract which
extend beyond 5 years from the date of approval of the contract by the court,
or a statement indicating that the contract contains no such covenants or
conditions.

(m) Any other
facts which demonstrate that the terms of the contract are:

(1) Objectively
fair and reasonable;

(2) Consistent
with the standards of the industry to which the object of the contract
pertains;

(3) Consistent
and in compliance with the laws of this state, including, without limitation,
the laws governing the conduct and employment of minors; and

(n) A statement
acknowledging that the minor and a parent, custodian or guardian of the minor
have had the opportunity to consult with an attorney who is experienced in the
laws and practices pertaining to the applicable industry and consent to the
approval of the contract by the court.

3. A copy of
the contract must be attached to the petition.

4. If a new
petition is filed following the denial of a previous petition pursuant to
paragraph (c) of subsection 2 of section 12 of this act, the following must be
attached to the petition:

(a) A copy of
any previous petition that was denied by the court and copies of any exhibits
thereto; and

(b) A certified
copy of the transcribed record of any hearing conducted concerning any previous
petition that was denied by the court.

Sec. 11.1. Upon receipt of a petition, the court may schedule a hearing to
determine whether the petition should be granted.

2. At any
hearing concerning the petition:

(a) The minor
who is the subject of the petition shall personally attend.

(b) The court
may hear and consider all competent, material and relevant evidence helpful in
determining whether the petition should be granted, including, without
limitation, oral and written testimony and reports, and such evidence may be
received by the court and relied upon to the extent of its probative value.

Sec. 12. 1. In determining whether to grant a petition, the court shall consider
whether the terms, conditions and covenants of the contract are:

(a) Objectively
fair and reasonable;

(b) Consistent
with the standards of the industry to which the object of the contract
pertains;

(c) Consistent
and in compliance with the laws of this state, including, without limitation,
the laws governing the conduct and employment of minors; and

(d) In the best
interests of the minor.

2. After
considering the petition, the court shall issue an order:

(a) Granting
the petition.

(b) Granting
the petition upon the condition that the parties modify the terms of the
contract in the manner set forth in the order. If the parties modify the terms
of the contract in the manner set forth in the order, the petition shall be
deemed granted on the date that the contract, as modified, is executed by the
parties.

(c) Denying the
petition. If the court issues an order denying the petition, an interested
party may file a new petition for approval of the contract if the parties
modify the terms of the contract.

3. The
granting of a petition pursuant to this section:

(a) Extends to
the entire contract and all of its terms and provisions, including, without
limitation, any optional or conditional provisions contained in the contract
for extension, prolongation or termination of the term of the contract.

(b) Must not be
construed to constitute an emancipation of the minor.

Sec. 13. 1. If the court issues an order granting a petition, the court shall
immediately issue an order appointing a special guardian to receive and hold
the specified amount or percentage of the net earnings of the minor to be set aside for the benefit of the minor pursuant to
section 14 of this act.

minor to be set aside
for the benefit of the minor pursuant to section 14 of this act.

2. The
petitioner or a parent, custodian or guardian of the minor is not ineligible to
be appointed as a special guardian pursuant to this section solely because of
his interest, so long as that interest is fully disclosed to the court. A
disclosure pursuant to this subsection must include, without limitation,
whether the person has an interest:

(a) In any part
of the earnings of the minor pursuant to the contract;

(b) As a party
to the contract; or

(c) As an
interested party to the contract or to the performance of the minor pursuant to
the contract.

3. The
appointment of a special guardian pursuant to this section expires on the
earliest of the following dates:

(a) The date on
which the contract is terminated.

(b) The date on
which the minor is emancipated.

(c) The date on
which the minor reaches the age of majority.

Sec. 14.1. At the time of issuing an order appointing a special guardian
pursuant to section 13 of this act, the court shall fix and include in the
order the amount or percentage of the net earnings of the minor to be set aside
for the benefit of the minor that the court determines is in the best interests
of the minor. The amount or percentage of the net earnings to be set aside must
not be less than 15 percent or more than 50 percent of the net earnings.

2. Any time
following the issuance of an order fixing or modifying the amount or percentage
of the net earnings to be set aside pursuant to this section:

(a) Upon the
request of the minor, the special guardian shall move the court for an order
modifying the amount or percentage of the net earnings to be set aside.

(b) Upon his
own initiative, the special guardian may move the court for an order modifying
the amount or percentage of the net earnings to be set aside.

3. The court
may grant a motion and modify the amount or percentage of the net earnings to
be set aside if the court finds that, because of changed circumstances,
modification of the amount or percentage of the net earnings to be set aside is
in the best interests of the minor.

4. Upon
termination of a contract approved by the court pursuant to sections 2 to 18,
inclusive, of this act, the special guardian shall immediately transfer all
remaining money that has been received and held for the benefit of the minor,
together with an accounting of all money that has been collected, disbursed and
expended, to:

(a) The
guardian of the property of the minor, if the minor has not reached the age of
majority and has not been emancipated.

(b) The minor,
if the minor has reached the age of majority or has been emancipated.

Sec. 15. (Deleted by amendment.)

Sec. 16. If a contract that is otherwise valid is approved by the court by the
granting of a petition, a minor may not, during his minority, upon reaching the
age of majority or upon his emancipation:

1. Disaffirm
the contract on the ground that the contract was entered into during his
minority;

3. Rescind,
avoid or repudiate any exercise of a right or privilege pursuant to the
contract because of his minority; or

4. Assert that
a parent, custodian or guardian lacked authority to make the contract on his
behalf.

Sec. 17. The determination of whether to grant or deny a petition or to grant or
deny a motion to modify the amount or percentage of the net earnings of a minor
to be set aside is a matter solely within the discretion of the court and is
not subject to appeal.

Sec. 18. The provisions of sections 2 to 18, inclusive, of this act do not:

1. Exempt any
person from compliance with any other law concerning licenses, consents or
authorizations required for any conduct, employment, use or exhibition of a
minor in this state; or

2. Limit, in
any manner, the discretion of a licensing authority or other persons charged
with the administration of licensing requirements.

AN ACT relating to
motor vehicles; authorizing the Department of Motor Vehicles to establish a
pilot program pursuant to which the period of registration for certain motor
vehicles is expanded; and providing other matters properly relating thereto.

[Approved: May 28, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Notwithstanding any specific statute to
the contrary:

1. Except as otherwise provided in this section, the
Department of Motor Vehicles may adopt regulations establishing a pilot program
pursuant to which motor vehicles, other than motor vehicles registered pursuant
to the provisions of NRS 706.801 to 706.861, inclusive, and motor vehicles that
have a declared gross weight in excess of 26,000 pounds, are registered for a
period of 24 consecutive months.

2. In establishing a pilot program pursuant to this
section, the Department of Motor Vehicles shall work in cooperation with:

(a) The Department of Taxation and the board of county commissioners
of each county in which the pilot program will be carried out concerning the
assessment and collection of any taxes imposed on motor vehicles participating
in the pilot program, including, without limitation, the governmental services
tax imposed pursuant to chapter 371 of NRS; and

(b) The State Environmental Commission and the local air
pollution control agency for each county in which the pilot program will be
carried out concerning the testing of emissions of the motor vehicles
participating in the pilot program. The State Environmental Commission, in
consultation with the Department of Motor Vehicles, may adopt such regulations
as are necessary to provide for the testing of emissions of motor vehicles
participating in the pilot program.

3. The Department of Motor Vehicles may adopt regulations
establishing a schedule of fees, including penalties, to be assessed on motor
vehicles participating in a pilot program that corresponds to the fees that
would otherwise be assessed on the registration of motor vehicles pursuant to
chapter 482 of NRS. The amount of any fee adopted by regulation pursuant to
this subsection for the 24-consecutive-month period of registration must not
exceed the amount that would be assessed pursuant to its corresponding fee for
that same period if the motor vehicle was not participating in the pilot
program.

Sec. 2. If the Department of Motor Vehicles
establishes a pilot program pursuant to section 1 of this act, the Department
shall conduct a study of the pilot program and submit a report of the results
of the study, together with any recommended legislation, to the Director of the
Legislative Counsel Bureau on or before February 1, 2007, for transmittal to
the 74th Regular Session of the Legislature.

Sec. 3. 1. This section and section 2 of this act
become effective on July 1, 2003.

2. Section 1 of this act becomes effective on July 1, 2003,
for the purpose of adopting regulations and on July 1, 2004, for all other
purposes, and expires by limitation on June 30, 2007.